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Employment Law
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at those with an interest in the subject of disability protection for mental health. It begins by flagging up the impact of the Equality Act 2010 before going on to consider how mental illness fares in Tribunal and Civil Courts in terms of the protections available.

After completing the course you will:
  • Be aware of the impact of the Equality Act 2010 to the area;
  • Be familiar with the Code of Practice 2010 guidance on mental health and what it will mean in practice;
  • Know what the anti-social conditions are and whether the DDA extends to excluded conditions;
  • Be familiar with the relevant authorities on mental health disability discrimination – old & new;
  • Understand the current position in terms of the meaning of “impairment,”“disability” and “professional life”.
Specialist Difficulty: 5 of 5
Case Update
Legal Principles
Sources and References:
  • Aitken v Commissioner of Police;
  • Aylott v Stockton on Tees Borough Council;
  • Chacon Navas v. Eurest Colectividades SA (2006);
  • Chief Constable of Dumfries & Galloway v Adams (2009);
  • Clark v TDG Ltd (t/a Novocold Ltd) [1999] 2 All ER 977;
  • Coleman v Attridge Law (Case C-303/06) [2008] ICR 1128, ECJ Directive 2000/78/EC;
  • Disability Discrimination Act 1995;
  • Equality Act 2010;
  • Governing Body of X Endowed Primary School v Special Educational Needs & Disability Tribunal (2009);
  • Howorth v Cartmel [2011] EWHC 36;
  • J v DLA Piper LLP [2010] I.C.R. 1052;
  • Leonard v Southern Derbyshire Chamber of Commerce (2001);
  • Linda Martin v Devonshires UKEAT/0086/10/DA;
  • Malcolm v Lewisham LBC [2008] UKHL:43;
  • McNicol v Balfour Beatty Rail Maintenance Ltd (2001);
  • Ministry of Defence v Hay (2008);
  • Murray v Newham CAB (2003);
  • Nagaran v London Transport [1999] ICR 877;
  • Paterson v Commissioner of Police of the Metropolis (2007);
  • Pothecary Wiham Weld v Bullimore [2010] ICR 1008;
  • Power v Panasonic UK Ltd (2003);
  • Rugamer v Sony Music Entertainment UK Ltd;
  • SCA Packaging Ltd v. Boyle (2009).

This podcast provides an update on Mental Health and Disability Discrimination Protection, a difficult area for both employers and applicants alike. It examines the case law in terms of the courts approach to individuals with impairments by reason of mental illness.

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