European Employment Law Cases

Case Reports

2017/15 An assertion of disability is not a sufficient basis for a harassment claim (UK)

Keywords Disability discrimination
Authors Anna Sella
Author's information

307744 Anna Sella
Anna Sella is a Senior Associate at Lewis Silkin LLP.
  • Abstract

      The Employment Appeal Tribunal (‘EAT’) considers the Equality Act – and to some extent the Equal Treatment Directive – and gives guidance about harassment and victimisation claims as well as on principals’ liability for acts of their agents. In a decision that declines to expand the scope of harassment claims, the EAT has decided, in particular, that it is not enough for claimants alleging harassment to simply assert that they are disabled, without meeting the definition of disability or falling into another protected situation.

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