In Kaltoft v Municipality of Billund (C-354/13) the Advocate General has given the opinion that obesity may amount to a disability for the purposes of the EU Equal Treatment Framework Directive (No.2000/78) but only if it is ‘severe’. The Advocate General thought it probable that only obesity with a body mass index (BMI) of over 40 would hinder an individual’s participation in professional life to such an extent as to amount to a disability. He also rejected the argument that there is a freestanding prohibition in EU law on discrimination on the ground of obesity per se.
The Enterprise and Regulatory Reform Act 2013 (Commencement No. 6, Transitional Provisions and Savings) Order 2014 SI 2014/416 has now been published. The Order brings into effect S.66 of the Enterprise and Regulatory Reform Act 2013, which abolishes the statutory discrimination questionnaires contained in the Equality Act 2010. The change takes effect on 6 April 2014 in relation to acts of discrimination occurring on or after that date.
A complainant may still ask questions of the respondent and a court or tribunal can still draw adverse inferences from a refusal to respond or from evasive answers, despite the lack of any provision for a statutory questionnaire.
It is somewhat surprising that this has been implemented given the vast majority of those who participated in the consultation opposed the abolition. Another example of the Government’s agenda against Claimants; the Poor and the vulnerable, we wonder.
The administrative court has dismissed Unison’s judicial review application challenging the introduction of fees for bringing employment tribunal claims.
Very very disappointing.
The Birmingham Mail reports that the Birmingham Employment Tribunal finds in favour of one of our clients who was unfairly dismissed and subjected to Disability Discrimination.
Morris Legal (Solicitors) Ltd
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Mediation at Midlands East today - masterclass in how to conduct a productive Judicial Mediation by EJ Britton. #ukemplaw
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