Log in / create account
Website:
Google:
MAIN »
Main page
1. CASE LAW
2. LEGISLATION
3. GENERAL INFO
Help page and contact details
Site map
CPD »
CPD (12 points for £60)
BOOKS »
Bookshop
Eldergill
UPDATES »
Recent updates
Free email updates
Twitter @mhlonline
CASE LAW »
Index to mental health case law
Cases to be added
Settled cases and forthcoming judgments
LEGISLATION »
Index to legislation
MHA »
Overview of MHA 1983
Overview of MHA 2007
Full text of MHA 1983
Codes of Practice
Reference Guide
Regulations
Tribunal Rules
MCA »
Overview of MCA 2005
Full text of MCA 2005
Codes of Practice
Court of Protection
Office of the Public Guardian
Deprivation of Liberty Safeguards
FORMS »
MHA Statutory Forms
MHA Information Leaflets
Foreign-language MHA information leaflets
DOLS Standard Forms
Court of Protection forms
GENERAL »
Index to general information
Glossary
Legal Aid News
Consultations
Statistics
Events
No Javascript: See site map
Category:Disability discrimination
From Mental Health Law Online
Jump to:
navigation
,
search
The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
Page and summary
Date added to site
Categories
Aylott v Stockton-on-Tees BC (2010) EWCA Civ 910
— DDA/employment. [Summary required.]
2011-08-09
2010 cases
,
Disability discrimination
,
No summary
,
Transcript
Aylott v Stockton-On-Tees BC (2010) EWCA Civ 910
— This appeal is about how the Disability Discrimination Act 1995 should be interpreted in law and applied in practice. [Summary required.]
2010-09-23
2010 cases
,
Disability discrimination
,
No summary
,
Transcript
J v DLA Piper UK LLP (2010) UKEAT 0263/09/1506
—
(1) In holding that at the material time (June 2008) the claimant was not suffering from 'clinical depression' amounting to a disability within the meaning of the DDA 1995, the Tribunal had (a) wrongly declined to give weight to the evidence of Claimant's GP, on the issues both of impairment and of 'deduced effect', because she was not a specialist; and (b) made a perverse finding as to whether the claimant's past depression had amounted to an impairment having a substantial adverse effect on her ability to carry out normal day-to-day activities, which was material both to the question of whether she had an impairment in June 2008 and to the potential application of para 2(2) of Schedule 1. (2) The appeal was allowed and the issue remitted. (3) Discussion of: (a) correct approach to issue of 'impairment' in cases involving a mental disability following the repeal of para 1(1) of Schedule 1; (b) distinction between 'clinical depression' and reactions to stress or other adverse
..→
2010-09-23
2010 cases
,
Brief summary
,
Disability discrimination
,
Transcript
R (Boyejo) v Barnet LBC (2009) EWHC 3261 (Admin)
—
The council's decision to change the way it provided support services to those living in sheltered accommodation in its area by terminating contracts for on-site warden based services and developing a peripatetic support service with the retention of an alarm service to all residents in such accommodation breached the
Disability Discrimination Act 1995
.
2010-04-11
2009 cases
,
Brief summary
,
Disability discrimination
,
Transcript
Thomas-Ashley v Drum Housing Association Ltd (2010) EWCA Civ 265
—
The appellant argued that a possession order should be set aside as, on the grounds of her bi-polar affective disorder, the maintanence of the "no animals" provision made it impossible for her to enjoy the premises under s24A
Disability Discrimination Act 1995
. (1) The prohibition against keeping animals in the premises did not make it impossible or unreasonably difficult for her to enjoy the premises. (2) In any event: (a) the "no animals" term would have had the same effect if the appellant did not have the disability of bipolar disorder; and (b) no reasonable steps the respondents should have taken but failed to take were identified, particularly as variation of the term would have lead to forfeiture by the head lessor.
2010-03-26
2010 cases
,
Brief summary
,
Disability discrimination
,
Transcript
R (Gill) v SSJ (2010) EWHC 364 (Admin)
—
The Defendant's failure to offer the Claimant, who was a short-tariff lifer with learning disability, sufficient suitable offending behaviour work to give him the opportunity to demonstrate safety for release, unlawfully breached the Disability Discrimination Act 1995 and breached his public law duties.
2010-03-02
2010 cases
,
Brief summary
,
Disability discrimination
,
Prison law cases
,
Transcript
Barber v LB Croydon (2010) EWCA Civ 51
—
(1) The council's decision to seek an immediate order for possession, following an assault which was almost certainly linked with the claimant's learning difficulties and a personality disorder, without applying the Council's policy on vulnerable people, was Wednesbury unreasonable. (2) The DDA aspect of the appeal was unsuccessful: the question was not whether he was treated less favourably than a person without his disabilities but whether he should have been treated differently precisely because he has such disabilities and because they were a significant contributory factor to his behaviour that day.
2010-02-18
2010 cases
,
Brief summary
,
Disability discrimination
,
Transcript
R (Domb) v London Borough of Hammersmith and Fulham (2009) EWCA Civ 941
—
The council's decision to make charges for non-residential home care services provided pursuant to the
Health and Social Services and Social Security Adjudications Act 1983
was challenged (unsuccessfully) on the basis that the council did not have "due regard" to its general equality duties.
2009-12-14
2009 cases
,
Brief summary
,
Disability discrimination
,
Transcript
Chief Constable of Lincolnshire Police v Caston (2009) EWCA Civ 1298
—
The employment judge had permitted an out-of-time DDA claim to proceed; he was entitled to exercise his discretion (on whether, in all the circumstances of the case, he considered that it was just and equitable to do so) as he did.
2009-12-14
2009 cases
,
Brief summary
,
Disability discrimination
,
Transcript
EBR Attridge Law LLP v Coleman (2009) UKEAT 0071/09
—
The
Disability Discrimination Act 1995
should be interpreted so as to prohibit discrimination against employees who, although not themselves disabled, were treated less favourably or harassed on the ground of their association with a person who was disabled.
2009-11-09
2009 cases
,
Detailed summary
,
Disability discrimination
,
Transcript
Stockton On Tees Borough Council v Aylott (2009) UKEAT 0401/08/1103
—
The decision in Malcolm on the correct comparator in disability-related discrimination cases also applies to employment cases.
2009-10-08
2009 cases
,
Brief summary
,
Disability discrimination
,
Transcript
SCA Packaging Ltd v Boyle (2009) UKHL 37
—
Under the
Disability Discrimination Act 1995
an impairment which is treated or corrected is counted (in law) as causing disability if it (in fact) would be likely to cause disability if untreated or uncorrected: "likely" here does not mean "probable" but means "could well happen". The employee was therefore disabled and the employer was under a duty to make reasonable adjustments.
2009-10-08
2009 cases
,
Brief summary
,
Disability discrimination
,
Transcript
Cheltenham Borough Council v Laird (2009) EWHC 1253 (QB)
—
The council unsuccessfully sued its former employee for damages for making, by failing to disclose her full psychiatric history, fraudulent or negligent misrepresentations in a job application.
2009-10-08
2009 cases
,
Brief summary
,
Disability discrimination
,
Transcript
Eastern and Coastal Kent PCT v Grey (2009) UKEAT 0454/08
—
The Employment Tribunal erred as it ought to have considered (but did not consider properly) the requirements of section 4A(3)(b) of the
Disability Discrimination Act 1995
which means that an employer is exempt from the duty to make adjustments if each of four matters can be satisfied and they are that the employer: (a) does not know that the disabled person has a disability; (b) does not know that the disabled person is likely to be at a substantial disadvantage compared with persons who are not disabled; (c) could not reasonably be expected to know that the disabled person had a disability; and (d) could not reasonably be expected to know that the disabled person is likely to be placed at a substantial disadvantage in comparison with persons who are not disabled.
2009-05-02
2009 cases
,
Brief summary
,
Disability discrimination
,
Transcript
S v Floyd (2008) EWCA Civ 201
—
Floyd's decision to withhold payment of rent had nothing to do with his disablity, so the Disability Discrimination Act 1995 could not be used to resist a possession order under the Housing Act 1988.
2008-12-14
2008 cases
,
Detailed summary
,
Disability discrimination
,
Transcript
London Borough of Lewisham v Malcolm (2008) UKHL 43
—
The claim for possession under the Housing Act 1988 was not discriminatory under the Disability Discrimination Act 1995 since the landlord did not know of the disability and the tenant's schizophrenia was not causally responsible for his sub-letting of the premises in breach of tenancy.
2008-09-12
2008 cases
,
Detailed summary
,
Disability discrimination
,
Transcript
London Borough of Lewisham v Malcolm (2007) EWCA Civ 763
—
A possession order cannot be made if it would amount to unlawful discrimination under the DDA 1995, even where the court would otherwise have no discretion to refuse the order.
2008-02-22
2007 cases
,
Detailed summary
,
Disability discrimination
,
Transcript
Article titles
The following 17 pages are in this category.
A
Aylott v Stockton-On-Tees BC (2010) EWCA Civ 910
Aylott v Stockton-on-Tees BC (2010) EWCA Civ 910
B
Barber v LB Croydon (2010) EWCA Civ 51
C
Cheltenham Borough Council v Laird (2009) EWHC 1253 (QB)
Chief Constable of Lincolnshire Police v Caston (2009) EWCA Civ 1298
E
Eastern and Coastal Kent PCT v Grey (2009) UKEAT 0454/08
E cont.
EBR Attridge Law LLP v Coleman (2009) UKEAT 0071/09
J
J v DLA Piper UK LLP (2010) UKEAT 0263/09/1506
L
London Borough of Lewisham v Malcolm (2007) EWCA Civ 763
London Borough of Lewisham v Malcolm (2008) UKHL 43
R
R (Boyejo) v Barnet LBC (2009) EWHC 3261 (Admin)
R (Domb) v London Borough of Hammersmith and Fulham (2009) EWCA Civ 941
R cont.
R (Gill) v SSJ (2010) EWHC 364 (Admin)
S
S v Floyd (2008) EWCA Civ 201
SCA Packaging Ltd v Boyle (2009) UKHL 37
Stockton On Tees Borough Council v Aylott (2009) UKEAT 0401/08/1103
T
Thomas-Ashley v Drum Housing Association Ltd (2010) EWCA Civ 265
This page belongs to the following category
:
Case law - by subject matter
This page was last modified at 13:31 on 14 December 2008. Page credits:
Jonathan
Privacy policy
Copyrights
Disclaimers
Powered by MediaWiki
Gumax design