Employment News: Disability, Whistleblowing, Age

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Perception is king – rejection for hearing impairment perceived disability discrimination

In The Chief Constable of Norfolk v Coffey the Court of Appeal confirmed that rejecting a transfer request from someone with a hearing impairment was direct disability discrimination. The employer perceived that the candidate had a disability, even though her impairment did not have a substantial adverse impact on her normal day to day activities.

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Tell me more. Disclosures did not contain sufficient information

The EAT upheld a tribunal decision that none of 37 alleged disclosures amounted to a protected disclosure for the purposes of a whistleblowing claim in Simpson v Cantor Fitzgerald Europe.

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What's the cost? Pay progression scale not age discriminatory

A pay progression policy that put younger employees at a disadvantage was justified. The EAT decision in Heskett v The Secretary of State for Justice emphasises that a justification is not necessarily on the basis of cost alone just because it relates to resource allocation.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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