Disability Discrimination

Friday 2nd February 2018

Two important judgments from the Court of Appeal in 2018 are expected to provide guidance on the operation of disability discrimination and harassment provisions in the Equality Act 2010.

The Court of Appeal’s judgment in Donelien v Liberata UK Ltd is expected to be published in early 2018 and is hoped to provide clarification for employers as to the lengths to which they must go to ascertain whether or not an individual has a disability.  On 27 March 2017 the Court of Appeal will hear Peninsula Business Service Ltd v Baker, a case in which the Court will consider whether or not a claimant has to prove he/she is disabled to successfully bring a harassment claim under the Equality Act 2010.

We will of course report on those judgments when they are published, and on any other developments in employment law of importance to employers, throughout the year.