Tag Archives: disability discrimination

Acas Issues Short Advice on Long Covid (UK)

Clearly a quiet week over at Acas Towers, judging by all the detailed advice and reasoned analysis which doesn’t feature in its new two-page guidance note on long Covid (also referred to in the guidance as “long-tail Covid”, which is the same but with more feathers). The main thrust of the guidance is notionally to … Continue Reading

Likely lad – employee’s workplace stress disability claim revisited by EAT (UK)

Back in 2017 we posted a piece about the difference between disability and unhappiness at work. In that case, Mr Herry had been off work for over a year but still failed to establish that he was disabled. In large part this was because his absence was felt not to be the result of an … Continue Reading

Later knowledge taints earlier dismissal – employers’ duties in appeals (UK)

You are hearing the appeal of an employee with less than two years’ service dismissed on the grounds of admitted poor conduct. What can possibly go wrong? Certainly not the seeming afterthought on the employee’s part, not mentioned at the dismissal stage, that her conduct might in part be explained by a depressive condition of … Continue Reading

Dismissing for long-term sickness – when is enough enough?

Legally-speaking O’Brien – v – Bolton St Catherine’s Academy as reported last week is mostly about how much overlap there is between fairness for unfair dismissal purposes and justification in disability discrimination terms (in brief, very substantial).  It is also a fine illustration of how hard it is to overturn an Employment Tribunal judgement on … Continue Reading

We are not amused by serial litigants

Mr Bentley described himself as a ‘photographer and entertainer’ in the claim forms that he presented to various Employment Tribunals.  However, a more accurate description of his career, according to a recent case in the Employment Appeal Tribunal, might as well be ‘serial pursuer of hopeless cases’. Mr Bentley’s modus operandi was to offer his … Continue Reading

Have the New ADA Regulations Really Changed the Game for Employers?

Squire Sanders’ attorneys Tara Aschenbrand, Lew Clark, and Susan DiMickele are pleased to participate in the American Health Lawyers Association’s (AHLA) webinar “Have the New ADA Regulations Really Changed the Game for Employers?” on June 6. The program will explore the impact of the ADA Amendments Act (ADAAA) on employers and whether it has altered … Continue Reading

Anti-discrimination rules to put on weight?

Listening to the Today programme on Radio 4 this week, I was somewhat surprised to hear that it had taken a Committee of MPs a three month inquiry, which included an online consultation and oral evidence, to conclude that a large number of the population are not satisfied with their (their own, not the MPs’, … Continue Reading

The Sixth Circuit Alters the Applicable Causation Standard in ADA Cases

The United States Court of Appeals for the Sixth Circuit recently announced a change to the causation standard that will be used when adjudicating cases under the Americans with Disabilities Act (ADA).  This change will affect ADA cases contested in the federal courts of that circuit, which include the states of Kentucky, Michigan, Ohio, and … Continue Reading