Category Archives: Disability

Disability discrimination – what is the Difference between ‘Unfavourable Treatment’ and ‘Detriment’ ?

Under s.15 Equality Act 2010 discrimination towards a disabled person will exist if they are treated unfavourably in relation to a consequence of their disability, on the basis that any such treatment cannot be objectively justified. In the case of … Continue reading

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Does the duty to make reasonable adjustments extend to making adjustments to help an employee physically get to work?

In 1999 in Kenny v Hampshire Constabulary [1999] IRLR 76, the Employment Appeal Tribunal stated obiter that the duty to make reasonable adjustments is restricted to job related matters and that “[t]he provision of transport for getting to and fro … Continue reading

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Can an obese person qualify as being disabled under the Equality Act?

In a recent case in the European Court of Justice, FOA (Kaltoft) v Billund, the Court has held that an obese person can be deemed disabled and thus have the benefit of the legislation. However, discrimination on the grounds of … Continue reading

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