Unsolicited telephone calls misusing our name - We do not nuisance cold call -
Have a question? Call us on 0800 1979 345
This article was published on April 8th, 2019
Discrimination arising from disability is where an employer treats an employee less favourably because of ‘something’ which results from their disability, and which can’t be justified. The Employment Appeal Tribunal has recently looked at whether it is discriminatory to discipline an employee for failing to follow an instruction they mistakenly think will exacerbate their disability.
In iForce v Wood, the employee had osteoarthritis, a disability which got worse in damp and cold conditions. She refused to move workstations because she mistakenly believed that the new bench was in a colder and damper place in the warehouse. She believed this would make her disability worse. Tests showed the area was no damper or colder than elsewhere. When she refused to move, she was given a warning for failing to follow a reasonable instruction. She brought a claim for discrimination arising from disability. She said the warning was less favourable treatment which arose because of something (the refusal to move benches) which resulted from her disability.
She won in the employment tribunal. However, the Employment Appeal Tribunal disagreed. There had to be a connection between the something (the refusal to move) and the disability. Tests showed that the proposed working area was not colder or damper. Unless the employee could link her mistaken belief to her disability (which she could not), there was no connection between her disability and her refusal to move workstations.
This case is good news for employers. A perceived (and mistaken) connection between the unfavourable treatment and the ‘something arising from disability’ will not be enough. There must be a causal connection between the disability and the less favourable treatment. In this case, there wasn’t one.
This website privacy notice sets out how Thorneycroft Solicitors uses and protects any information that you give Thorneycroft Solicitors when you use this website.
Thorneycroft Solicitors is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Thorneycroft Solicitors may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/05/2018.
What we collect
We may collect the following information:
We will collect the information directly from you via completion of our enquiry form on the website.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We will also collect and process your personal data if you have consented to receiving marketing in respect of our services. You are able to unsubscribe or withdraw your consent at any time by emailing [email protected] or writing to ‘Marketing’ at Thorneycroft Solicitors, 9a Bridge Street Mills, Bridge Street, Macclesfield, Cheshire SK11 6QA.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
If you do not instruct us in relation to your legal matter, your personal details will be retained for a period of 12 months.
If we are instructed in relation to your legal matter, we will keep it in line with our data retention periods. Details of our retention period for your legal matter can be found within our Client Care Letter and/or Terms of Business, under the heading file retention.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.×