header-logo header-logo

16 October 2014 / Monika Sobiecki , Spencer Keen
Issue: 7626 / Categories: Features , Employment
printer mail-detail

Come in number 15!

keen

Section 15 of the Equality Act is starting to flex its muscles, say Spencer Keen & Monika Sobiecki

Initially introduced by the Equality Act to fix the lacuna left by Malcolm v Lewisham Borough Council [2008] IRLR 700, [2008] 4 All ER 525, s 15 of the Equality Act 2010 has enjoyed little judicial scrutiny. Now that the broad test for when a person is treated unfavourably because of something arising in consequence of disability has been reinstated by the Equality Act, s 15 is likely to assume a position, as its predecessor once did, as one of the most important protections that disabled persons enjoy.

The recent decision of the Employment Appeal Tribunal in Hensman v Ministry of Defence UKEAT/0067/14/DM provides helpful guidance on the correct approach to this cause of action. Of particular interest to practitioners will be the tribunal and Employment Appeal Tribunal’s (EAT) acceptance that a dismissal because of criminal conduct, could nevertheless be a dismissal “arising in consequence” of disability (a connection that would not have been accepted on an application of the Malcolm test). Also

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll