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Employment law case update - Disability and discrimination


In addition to our monthly Bulletins, we thought you may find it useful to have a summary of a recent case on disability discrimination to help keep you up to date with employment law developments.

Disability Discrimination

We have recently published a variety of content about stress at work and in particular how to support employees with mental health problems in the workplace. Please see our blog on this topic and our piece on being a Mental Health First Aider 

The recent case of City of York Council v Grosset touches the subject of stress and concerns the issue of disability and stress at work.

City of York Council v Grosset [2018] EWCA Civ 1105

The Court of Appeal found that, where a disabled employee was dismissed for misconduct caused by his disability, the dismissal amounted to unfavourable treatment because of something arising in consequence of his disability, even though the employer did not know that the disability caused the conduct. The case involved a teacher suffering from cystic fibrosis who allowed a class of children aged 15 to watch an 18 rated film. This was due to a change in management which meant that he had an increased workload and his condition was not properly managed at work, he therefore was suffering stress and neglected to get parental consent in the usual way to show the video.

If you have any questions in relation to this article, please do not hesitate to contact the Employment team or contact Hannah Newbery lon 0113 336 3311 or  at hannah.newbery@clarionsolicitors.com. You can follow the twitter account for regular case, legislation and guidance updates.

Disclaimer: Anything posted on this blog is for general information only and is not intended to provide legal advice on any general or specific matter. Please refer to our terms and conditions for further information. Please contact the author of the blog if you would like to discuss the issues raised.