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Recent and Noteworthy Equality Law Cases

Recent Rulings Round Up - Courtesy of the Solution's Marlene Ellis

http://www.thesolution.pro/

Is Back Pain Enough? Disability Discrimination

The claimant, a security guard developed a back condition as a result of prolonged standing in his work. However, he did not fall within the definition of disability because he was still able to walk, sit and stand to some degree. He did not suffer "total inability to walk or difficulty walking other than at a slow pace or with unsteady or jerky movements".

Aderemi v South Eastern Railway [2011] EqLR 1199

 

Depression is not permanent - Mental Illness Disability

The claimant, a detective constable who had been sick from work with depression and anxiety resulting from sleep problems, was repeatedly turned down for promotion. Held: This amounted to direct discrimination. The senior policemen had shown a "stereotypical attitude about depression and anxiety".

Campbell v Commissioner of Police of the Metropolis [2011] EqLR 1200
 

Respect your elders - Age based Harassment

The claimant, as an older man, was described by the company chairman as "grandad" and "an old bastard". When the claimant talked to the receptionist, the managing director told him that he should stop trying to chat her up because "you're old enough to be her granddad". Held: This amounted to harassment by virtue of age.

Berrill v Corbetts & Co. (Galvanising) Ltd [2011] EqLR 1201 
 

It's a question of tone - Sexual Harassment

The claimant who was on maternity leave, argued that receiving emails and telephone calls from her managing director asking her when she planned to return, amounted to sexual harassment. Dismissed: The respondents business was entitled to know when she was planning to return and indeed had asked for this information in the 'right tone' which had also been "gently expressed".

O'Connell v Synel Industries (UK) Ltd [2011] EqLR 1202

A big thank you to the Solution's Marlene Ellis for providing this round up.

 


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