Issue 690

Tribunal changes

The government has announced a series of changes to the employment tribunal system ostensibly to help speed things up and give more flexibility (...).

Because of, or but for?

Section 15 of the Equality Act states that it is discrimination to treat a disabled person unfavourably “because of” something arising in consequence of their disability. In Robinson v Department of Work and Pensions the Court of Appeal has confirmed that claimants cannot therefore argue in a section 15 claim that “but for” their disability, they would not be in the situation that led to the unfavourable treatment (...).

No particular order

When considering the question of disability discrimination, tribunals have to consider two issues – the fact of the impairment and whether it had a substantial adverse effect on the claimant’s day-to-day activities. In Khorochilova v Euro Rep Ltd, the Employment Appeal Tribunal held that tribunals do not have to consider the two questions in any particular order (...).