2018/24 Discrimination arising from a disability – no need for knowledge (UK)

The Court of Appeal has confirmed that discrimination arising from disability had occurred when an employer dismissed an employee for misconduct which was connected to the employee’s disability, even though the employer had no knowledge of the connection.

2018/24 Discrimination arising from a disability – no need for knowledge (UK)

The Court of Appeal has confirmed that discrimination arising from disability had occurred when an employer dismissed an employee for misconduct which was connected to the employee’s disability, even though the employer had no knowledge of the connection.

2018/23 Labour Court treats the consequences of cancer as a disability (BE)

The Labour Court of Brussels treats the long-term effects of cancer as a disability in accordance with the case law of the ECJ. This has triggered an obligation on employers to consider making reasonable adjustments before looking at dismissal.

2018/23 Labour Court treats the consequences of cancer as a disability (BE)

The Labour Court of Brussels treats the long-term effects of cancer as a disability in accordance with the case law of the ECJ. This has triggered an obligation on employers to consider making reasonable adjustments before looking at dismissal.

2018/12 Disabilities and reasonable accommodation – Court of Appeal clarifies how far employers must go (IR)

The Irish Court of Appeal recently clarified the obligations of employers towards employees with a disability. The judgment suggests that an employer is not required to alter the duties of a position held by an employee with a disability in order to accommodate that employee’s return to work if the duties, which the employee is no longer capable of performing, are considered essential to the employee’s position.

2018/12 Disabilities and reasonable accommodation – Court of Appeal clarifies how far employers must go (IR)

The Irish Court of Appeal recently clarified the obligations of employers towards employees with a disability. The judgment suggests that an employer is not required to alter the duties of a position held by an employee with a disability in order to accommodate that employee’s return to work if the duties, which the employee is no longer capable of performing, are considered essential to the employee’s position.

2017/15 An assertion of disability is not a sufficient basis for a harassment claim (UK)

The Employment Appeal Tribunal (‘EAT’) considers the Equality Act – and to some extent the Equal Treatment Directive – and gives guidance about harassment and victimisation claims as well as on principals’ liability for acts of their agents. In a decision that declines to expand the scope of harassment claims, the EAT has decided, in particular, that it is not enough for claimants alleging harassment to simply assert that they are disabled, without meeting the definition of disability or falling into another protected situation.

2017/15 An assertion of disability is not a sufficient basis for a harassment claim (UK)

The Employment Appeal Tribunal (‘EAT’) considers the Equality Act – and to some extent the Equal Treatment Directive – and gives guidance about harassment and victimisation claims as well as on principals’ liability for acts of their agents. In a decision that declines to expand the scope of harassment claims, the EAT has decided, in particular, that it is not enough for claimants alleging harassment to simply assert that they are disabled, without meeting the definition of disability or falling into another protected situation.

2017/16 Non-Extension of a fixed-term contract between an overweight employee and a public service employer (GE)

Unlawful discrimination cannot be found even for morbid obesity under the German Equal Treatment Act.

2017/16 Non-Extension of a fixed-term contract between an overweight employee and a public service employer (GE)

Unlawful discrimination cannot be found even for morbid obesity under the German Equal Treatment Act.