Stress caused by a disability leads to discrimination finding
The Court of Appeal upheld a claim for stress arising out of a disability amounting to discrimination in the workplace. Mr Grosset, an English teacher, who had cystic fibrosis was suffering an increased workload. In conjunction with this, his Department had suffered a dip in learning outcomes following the move to the Progress 8 Attainment Standard. As a result, the new Head Teacher imposed more stringent performance measures on him - it is worthy of note that the Head Teacher did not know of Mr Grosset's medical condition.
As a result of his condition, Mr Grosset had to undergo a strenuous course of daily exercise. The effects of the cystic fibrosis was exacerbated in times of stress. Whilst he was under such stress, Mr Grosset, without seeking parental consent, showed a group of students an 18 rated film. The students in question were aged between 15 and 16.
Questions we have been asked this month
Q: Do we have to open up applications for a full time position to staff on fixed term contracts?
A. Yes, a fixed-term employee has the right not to be treated less favourable than a comparable permanent employee with regards the terms of their contract or any other detriment. Regulation 3(2)(c) of the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034) specifically provides that this right applies in relation to the opportunity to secure any permanent position in the establishment.