What are some examples of UK employment tribunal claims upheld involving disability discrimination, bullying, and victimisation related to mental health?

Question from Peter, What are some examples of UK employment tribunal claims upheld involving disability discrimination, bullying, and victimisation related to mental health?

Answer from AI:

Understanding Disability Discrimination, Bullying, and Victimisation

In the UK, the Equality Act 2010 protects employees from discrimination, bullying, and victimisation in the workplace. This includes discrimination based on disability, which encompasses mental health conditions if they have a long-term effect on a person’s normal day-to-day activities. Bullying and victimisation related to a person’s disability are also considered forms of discrimination under this Act.

Examples of Upheld Tribunal Claims

While it’s important to note that each case is unique and depends on its specific circumstances, here are some general examples of cases where employment tribunal claims were upheld:

1. Williams v The Trustees of Swansea University Pension & Assurance Scheme and Swansea University [2018]: This case involved a university professor who was less favourably treated due to his disability (depression). The Supreme Court ruled that the university’s actions constituted disability discrimination.
2. Hinsley v Chief Constable of West Mercia Constabulary [2012]: In this case, a police officer with a history of depression was denied a transfer request. The Employment Appeal Tribunal found that the police force had failed to make reasonable adjustments for her disability.
3. Gallop v Newport City Council [2013]: The Court of Appeal held that an employer must have actual knowledge of an employee’s disability to be liable for disability discrimination. In this case, the employer was aware of the employee’s stress and depression but did not consider him disabled.

When to Seek Legal Advice

If you believe you’ve been a victim of disability discrimination, bullying, or victimisation in the workplace, it’s crucial to seek legal advice. A legal professional can help you understand your rights, guide you through the process of making a claim, and represent you at a tribunal if necessary.

Resources

For more information on disability discrimination, bullying, and victimisation, you can visit the Equality and Human Rights Commission or the Advisory, Conciliation and Arbitration Service (ACAS).

Please note that this information is intended to provide a general overview and does not constitute legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.