In Croft Vets Ltd v Butcher, the Employer Appeal Tribunal found that an employer should have agreed to pay for private psychiatric counselling for an employee who was suffering from work-related stress to help her return to work.
Ms Little worked as a full time sales executive for Richmond Pharmacology. Richmond required all its sales executives to work full time to provide high customer service.
Obesity does not, of itself, render someone disabled and trigger a duty to make reasonable adjustments on the part of an employer. However, if as a result of someone’s obesity there are substantial and long term effects on an employees’ ability to carry out normal day-to-day activities (such as lack of mobility) this could mean that an employee is deemed “disabled” pursuant to the Equality Act legislation.
What is interesting about this case – HMRC v Whiteley – is not the judgement but the guidance given by the Employment Appeal Tribunal relating to disabled employees who exceed the number of days permitted under a sickness absence policy.
In Black v Wilkinson, Mrs Wilkinson, a Christian, ran a B&B from her family home. Her policy provided that only heterosexual married couples were allowed to share a room and so in March 2010, she refused to accommodate a homosexual couple.
In Patel v Lloyds Pharmacy Ltd, the Employment Appeal Tribunal struck out Mr Patel’s claim for direct disability discrimination because there was no evidence that the manager accused of discrimination was aware of his disability.
A shareholder of a Romanian football club commented to a journalist that he would prefer to close the football club than hire a homosexual player, in response to the suggestion that a player who was due to transfer to the club was homosexual.
In Bouabdillah v Commerzbank AG, an Employment Tribunal found that Commerzbank had victimised one of its employees when it dismissed her for bringing a claim against her former employer, Deutsche Bank.
Mrs Wade worked for Sheffield Hallam University. Mrs Wade suffered from allergies which, for the purpose of disability discrimination legislation, amounted to a disability.
The Times’ senior sub-editor’s comment “Can anybody tell me what’s happening to the f***ing Pope?” in the context of a busy newsroom with a looming deadline on a story about the Pope, did not amount to religious harassment.
The NHS has reported that almost 25% of adults in the UK are obese. It will hardly be surprising to hear therefore that questions have arisen as to whether obesity is a disability.
In discrimination cases, employees can sue both their employer and anyone they think has helped their employer to act in a discriminatory manner. In London Borough of Hackney v Sivanandan, the Court of Appeal confirmed that where employees claim money from multiple parties, compensation must be awarded on a joint and several basis (i.e. the employee can claim the full amount from any of the parties and the unsuccessful respondents then have to sort out who ought to pay which proportion of the damages between themselves).
