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Category

Disability discrimination

The new database structure introduced in 2019 is more useful than this Category page: see Special:Drilldown/Cases.

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. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
* Autism in prison R (Hall) v SSJ [2018] EWHC 1905 (Admin)Unsuccessful judicial review by prisoner claiming breach of Equality Act 2010 reasonable adjustments duty. 2019‑03‑17 15:01:40 2018 cases, Cases, Disability discrimination, Judgment available on Bailii, Prison law cases


Lalli v Spirita Housing Ltd [2012] EWCA Civ 497, [2012] MHLO 121 — Disability discrimination case. [Summary required.] 2012‑12‑17 00:31:08 2012 cases, Disability discrimination, Judgment available on Bailii, No summary, Transcript


Aylott v Stockton-on-Tees BC [2010] EWCA Civ 910 — DDA/employment. [Summary required.] 2011‑08‑09 20:11:05 2010 cases, Disability discrimination, Judgment available on Bailii, 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 21:23:48 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 circumstances producing similar symptoms; (c) whether claimant with a history of recurrent depressive episodes can be said to suffer an impairment in the intervals between episodes. (4) Claimant refused permission to advance a point not raised before the Tribunal to the effect that even if she was not in fact disabled at the time of the acts complained of the Respondents perceived her to have been; that discrimination on the basis of such "perceived disability" was contrary to EU law; and that the 1995 Act could be construed so as to give effect to that prohibition, by analogy with EBR Attridge LLP v Coleman [2010] ICR 242. [Summary based on judgment headnote.] 2010‑09‑23 20:56:37 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 23:32:51 2009 cases, Brief summary, Disability discrimination, Transcript


Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265The 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 23:02:02 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 20:27:53 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 21:59:07 2010 cases, Brief summary, Disability discrimination, Transcript


R (Domb) v London Borough of Hammersmith and Fulham [2009] EWCA Civ 941The 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 20:59:14 2009 cases, Brief summary, Disability discrimination, Transcript


Chief Constable of Lincolnshire Police v Caston [2009] EWCA Civ 1298The 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 20:49:31 2009 cases, Brief summary, Disability discrimination, Transcript


EBR Attridge Law LLP v Coleman (2009) UKEAT 0071/09The 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 21:28:38 2009 cases, Detailed summary, Disability discrimination, ICLR summary, Transcript


Stockton On Tees Borough Council v Aylott (2009) UKEAT 0401/08/1103The decision in Malcolm on the correct comparator in disability-related discrimination cases also applies to employment cases. 2009‑10‑08 20:31:32 2009 cases, Brief summary, Disability discrimination, ICLR summary, Transcript


SCA Packaging Ltd v Boyle [2009] UKHL 37Under 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 20:16:59 2009 cases, Brief summary, Disability discrimination, ICLR summary, 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 19:05:02 2009 cases, Brief summary, Disability discrimination, Transcript


Eastern and Coastal Kent PCT v Grey (2009) UKEAT 0454/08The 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 14:58:24 2009 cases, Brief summary, Disability discrimination, Transcript


S v Floyd [2008] EWCA Civ 201Floyd'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 21:35:12 2008 cases, Detailed summary, Disability discrimination, Transcript


London Borough of Lewisham v Malcolm [2008] UKHL 43The 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. 2008‑09‑13 07:45:04 2008 cases, Detailed summary, Disability discrimination, Transcript


London Borough of Lewisham v Malcolm [2007] EWCA Civ 763A 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 14:32:44 2007 cases, Detailed summary, Disability discrimination, Transcript