학술논문

Disability discrimination - two recent judgments: Part 2
Document Type
Journal Article
Source
Emp. L.B. 2004, 63(Nov), 6-8
Subject
Constructive dismissal
Disability discrimination
Employers' powers and duties
Mutual trust and confidence
Reasonable adjustments
Sick pay
Visual impairment
Employment
Local government
Language
English
ISSN
1352-2159
Abstract
This, the second part of a two part article, examines the Court of Appeal decision in Meikle v Nottinghamshire CC on whether a partially sighted employee was subject to disability discrimination and constructive dismissal where her resignation followed repeated failures by her employer to make the reasonable adjustments to her working conditions as requested. Considers whether dismissal under the Disability Discrimination Act 1995 s.4(2)(d) included constructive dismissal and whether the payment of reduced sick pay constituted disability discrimination under the Act. Discusses the interpretation of s.5(5) on the possible justification of less favourable treatment. Considers the implications of the judgment under the amendments to the law on disability discrimination effective October 2004.

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