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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