I would like to receive emails from you about product information and offers from The Fool and its business partners. Each of these emails will provide a link to unsubscribe from future emails. More information about how The Fool collects, stores, and handles personal data is available in its Privacy Statement. Even though the FTSE 100 index has recovered quite a bit from the lowest point seen in this stock market crash, it’s still 22% lower than the highs seen earlier in the year. It’s also entirely possible that it may fall further. So far, the full economic impact hasn’t even begun to come through in the data. But for the long-term investor, there’s no reason to fear. The FTSE 100 index is littered with resilient stocks. Some of them have been around from before the Great Depression of 1929 and are still going strong. There are others still, that have rewarded investors with eye-popping capital appreciation since the financial crisis started in 2008. And here’s the best part. These stocks were hit hard after it because they are cyclical. A slow-down is bad news for such shares, but a full-blown crisis is doubly so. 5G is here – and shares of this ‘sleeping giant’ could be a great way for you to potentially profit!According to one leading industry firm, the 5G boom could create a global industry worth US$12.3 TRILLION out of thin air…And if you click here we’ll show you something that could be key to unlocking 5G’s full potential…Thriving since the last stock market crashOne example is the FTSE 100 construction and industrial equipment provider, Ashtead (LSE:AHT). Even at its lowest in the 2020 stock market crash, its share price was still almost 39 times above the lowest point in the financial crisis-led recession. While share prices can rise on speculation even for companies that aren’t otherwise robust, these increases aren’t sustainable. So, clearly, AHT’s doing something right. Its revenues have been growing over the years, and it’s a profit-making company, ticking the two metrics I think are most important to consider before investing. Providing essential servicesMoreover, Ashtead continues to remain relatively robust despite the Covid-19 crisis, defying its cyclical nature. In a trading update released a few days ago, it said that it will continue to be profit-making for the year ending 30 April 2020. While the actual amount of profit is less than that seen last year, the current crisis hasn’t exactly put the company in financial jeopardy either. Its rentals business is an essential service and Ashtead has been “providing vital equipment and services to first responders, hospitals, alternative care facilities, testing sites, food services, telecom and utility companies…”. This has clearly helped keep its head above water. As the lockdowns get lifted and the global economy starts coming back on track, AHT’s business will pick up further. Even if the recession is here to stay for the remainder of 2020, it’s only a matter of time before growth will come back. Other FTSE 100 stocks to considerAHT, however, is only one example of FTSE 100 stocks that have thrived since the last big stock market crash. I’m also looking carefully at real estate stocks, which have given impressive returns. For real estate, the picture is a bit more complex now. Brexit will likely have a big impact on the UK’s housing market. But given their past performance, I think they are worth studying more. I’m sure you’ll agree that’s quite the statement from Motley Fool Co-Founder Tom Gardner.But since our US analyst team first recommended shares in this unique tech stock back in 2016, the value has soared.What’s more, we firmly believe there’s still plenty of upside in its future. In fact, even throughout the current coronavirus crisis, its performance has been beating Wall St expectations.And right now, we’re giving you a chance to discover exactly what has got our analysts all fired up about this niche industry phenomenon, in our FREE special report, A Top US Share From The Motley Fool. Renowned stock-picker Mark Rogers and his analyst team at The Motley Fool UK have named 6 shares that they believe UK investors should consider buying NOW.So if you’re looking for more stock ideas to try and best position your portfolio today, then it might be a good day for you. Because we’re offering a full 33% off your first year of membership to our flagship share-tipping service, backed by our ‘no quibbles’ 30-day subscription fee refund guarantee. Image source: Getty Images. Stock market crash: These FTSE 100 stocks have given great returns since the 2008 financial crisis. I’d buy them now “This Stock Could Be Like Buying Amazon in 1997” Enter Your Email Address Our 6 ‘Best Buys Now’ Shares Manika Premsingh has no position in any of the shares mentioned. The Motley Fool UK has no position in any of the shares mentioned. Views expressed on the companies mentioned in this article are those of the writer and therefore may differ from the official recommendations we make in our subscription services such as Share Advisor, Hidden Winners and Pro. Here at The Motley Fool we believe that considering a diverse range of insights makes us better investors. Simply click below to discover how you can take advantage of this. Click here to claim your copy now — and we’ll tell you the name of this Top US Share… free of charge! Manika Premsingh | Saturday, 9th May, 2020 | More on: AHT See all posts by Manika Premsingh
Please enter your comment! TAGSApopka City Commission Elections Previous articleApopka Weekly Arrest ReportNext articleBiggest Apopka stories of 2016: Apopka High School gains national recognition Denise Connell RELATED ARTICLESMORE FROM AUTHOR The Anatomy of Fear You have entered an incorrect email address! Please enter your email address here Free webinar for job seekers on best interview answers, hosted by Goodwill June 11 LEAVE A REPLY Cancel reply Please enter your name here Editor’s Note: This is the fifth in a series of articles published by The Apopka Voice in 2016 that were the most noteworthy events of the year. The Apopka Voice will publish them starting today and running until Friday, December 30th. During the New Year’s weekend (Friday, December 30th – Sunday, January 1st) we will publish a poll and let the readers decide on which story is the most impactful of the year. Originally Published: April 12th, 2016Becker shocks Arrowsmith in Seat #4 – Bankson prevails over Ruth in Seat #3If Apopka elections have proven anything over the past month it’s that they are unpredictable. In a surprising combination of outcomes, first-time candidates Doug Bankson and Kyle Becker defeated incumbent Commissioners Bill Arrowsmith and Sam Ruth in the runoff elections held today to decide Seats #3 and #4 of the Apopka City Commission.Becker overcame nearly a 900-vote defeat on March 15th to defeat Arrowsmith with 2,689 of the votes (55%), while Arrowsmith could only attract 2,206 voters to the polls to vote for him – less than half of the votes he received in the General Election.Becker was understandably shaken but excited by the results.Kyle Becker – “What a day. I didn’t know what to expect. I’m overjoyed, happy, blessed and I thank the voters of Apopka.”“What a day,” he said. “I didn’t know what to expect. I’m overjoyed, happy, blessed and I thank the voters of Apopka.”Pastor Doug Bankson built on his March momentum to snatch Seat #3 from incumbent Commissioner Sam Ruth. Bankson received 2,707 (56%) votes, while Ruth fell short with only 2,170 (44%).Bankson was also excited, but feeling the effects of a long day and the roller coaster ride of the campaign.“I’m exhilarated and exhausted,” he said. “We left it all on the field. It was an absolute team effort. I want to thank the volunteers, and the whole team.”Despite the loss, Ruth was ever-upbeat and looking to the future.Doug Bankson – “I’m exhilarated and exhausted. We left it all on the field. It was an absolute team effort. I want to thank the volunteers, and the whole team.”“I coached for 26 years,” he said. “But I didn’t win every game for 26 years. You learn from your losses. These last three months were humbling. But you hear the questions asked to you by the voters and you realize you have to stop thinking as “I”. We that are elected are here for the good of the people. For the good of Apopka.”Mayor Joe Kilsheimer had praise for the two new commissioners-elect and thanks for the two sitting Commissioners.“The voters have spoken. Congratulations to Pastor Doug Bankson and Kyle Becker. I look forward to working with both of them to move Apopka’s agenda forward. I offer my thanks to Commissioners Arrowsmith and Ruth for their public service. Standing for election requires courage and commitment to our community. Both men have shown just how much they care about Apopka.” Save my name, email, and website in this browser for the next time I comment. Support conservation and fish with NEW Florida specialty license plate Share on Facebook Tweet on Twitter
Cantilever House / Design Unit Sdn BhdSave this projectSaveCantilever House / Design Unit Sdn Bhd Architects: Design Unit Sdn Bhd Area Area of this architecture project Cantilever House / Design Unit Sdn Bhd Malaysia Manufacturers: BoConcept, Kohler, Toto, Acor, MTB Global, Moonlight Industries, Novotech, Samsung, Sarnatec Products translation missing: en-US.post.svg.material_description ArchDaily Photographs: Lin Ho Photography Manufacturers Brands with products used in this architecture project ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/867840/cantilever-house-design-unit-sdn-bhd Clipboard Houses CopyHouses•Kuala Lumpur, Malaysia Projects Products used in this ProjectArmchairsBoConceptFly Lounge Chair L023Save this picture!© Lin Ho PhotographyText description provided by the architects. The steeply sloping site for this 7000sf house, orientated approximately east-west, falls by 11.5m from the road to the rear with rainforest views to the east of this 7000sf house. The house is designed to ‘float’ over the site – touching it lightly, and allowing the natural slope to remain, heightening our awareness to & informing us about the natural site contours.Save this picture!© Lin Ho PhotographyConsisting 2 independent structures – a 2 storey living & bedroom block constructed of exposed structural steel supported on a ‘forest’ of irregular spaced columns that enhance the feeling of ‘floating’. This steel structure is cantilevered over a lower independent structure housing an art gallery & cinema and is constructed of off-form concrete and includes a green roof garden and swimming pool. Save this picture!© Lin Ho PhotographySave this picture!SectionsSave this picture!© Lin Ho PhotographyThe house is supported by a number of seemingly random steel columns irregularly spaced with the intention to enhance this feeling of ‘floating’ – of not being anchored to the ground – only the steel entrance ramps connect the steel box to the ground.Save this picture!© Lin Ho PhotographyThe house is entered by a ramp – heightening our awareness to the valley, the floating block and also the separation from the ordinary. A courtyard is created by the 2 independent structures that are orientated on different axis creating a tension between them and strengthening the identity of each as separate functions.Save this picture!© Lin Ho PhotographyThe house façade is designed to be flexible in terms of view/ventilation/shade: an internal skin of double glazed full height sliding glass screens, then full height adjustable glass louvers over half the opening width followed by external sunscreens of perforated stainless steel that cover/shade the entire opening when closed & bi-folds to the open position electronically to allow views while still shading the opening. The ‘industrial’ expression of the house completely changes from an enclosed metal ‘box’ to an open and transparent light element depending on the position of the SS sunshades. The industrial expression is further enhanced internally with all services expressed. Save this picture!© Lin Ho PhotographyDesigned as a ‘passive’ house to save energy by encouraging minimal or no air-con use & flooding the interior with diffused natural light, that allows natural breezes & diffused natural light to penetrate all spaces.Save this picture!© Lin Ho PhotographyAs well cooling the micro climate, the grass covered roofs at LG1 & roof top levels create gardens for relaxation and entertaining in contrast to the ‘wilder’ natural steeply sloping landscape surrounding the house – encouraging outdoor living in this tropical climate, its open concept maximises contact with nature and rainforest views.Save this picture!© Lin Ho PhotographyEach project is a development of thought & experience & although the language of this project is in some sense differs from our other buildings, in essence it is still about creating meaning stimulating space, natural light & ventilation, maximizing contact with nature, expressing materials & structure, minimal disturbance to the site/using the site for the benefit of the project.Save this picture!© Lin Ho PhotographyProject gallerySee allShow lessEight Tenths Garden / Wutopia LabSelected ProjectsCalligraphy-Inspired Lakeside Hotel Proposed as the Centerpiece of Shanghai’s Fengxi…Architecture News Share “COPY” Area: 7000 ft² Year Completion year of this architecture project Save this picture!© Lin Ho Photography+ 40 Share Photographs “COPY” ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/867840/cantilever-house-design-unit-sdn-bhd Clipboard Year: 2015 CopyAbout this officeDesign Unit Sdn BhdOfficeFollowProductsWoodGlassSteel#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesKuala LumpurMalaysiaPublished on March 27, 2017Cite: “Cantilever House / Design Unit Sdn Bhd” 26 Mar 2017. ArchDaily. Accessed 11 Jun 2021.
What to watch during quarantine Robbie Vagliohttps://www.tcu360.com/author/robbie-vaglio/ Twitter ReddIt Two students joined harassment and discrimination lawsuit against TCU printThe Horned Frogs recorded their fourth overtime victory of the season, a 1-0 victory against Iowa State, with a goal from freshman midfielder Yazmeen Ryan in the 98th minute of Thursday night’s match in Ames, Iowa.The Frogs dominated the match from the opening touch, but weren’t able to capitalize on any opportunities until extra time.Junior forward McKenzie Oliver fired off a game-high six shots in the match, including a bullet in the 34th minute that was saved by the Cyclones’ goalkeeper Antonia Reyes. Oliver was found alone in front of the net, but her shot was read well and saved.The Frogs continued to put pressure on the Cyclones in the second half, ripping off 13 shots on goal. Iowa State consistently put bodies in front of shots with seven of TCU’s 13 second-half shots being blocked by Iowa State defenders.The Horned Frogs finally broke through in the 98th minute. Oliver created the goal, finding Ryan streaking down the sideline, placing the ball perfectly in Ryan’s shooting motion that carried the ball to the top corner of the net to defeat the Cyclones.The goal was Ryan’s fourth career goal and second career game-winner. Oliver recorded her fourth assist of the season and seventh of her career in the 98th minute.Following the match, head coach Eric Bell was satisfied with the team’s performance and the opportunities the Frogs were able to make, even though only one found the back of the net.“I thought we played really well,” Bell said. “We created a bunch of chances that didn’t show up in the stat sheet. They blocked a lot that would have been on frame, so credit to them. We generated a lot of opportunities on our corners and set pieces.”Most importantly, Bell was very proud of the defensive effort on the night. The Frogs limited Iowa State to only one shot on goal in the match, a total of four on the night, which was easily found by sophomore goalkeeper Katie Lund, who tallied her tenth complete-game shutout of her career.“Most important, we didn’t give them anything; nothing dangerous,” Bell said. “I thought we did really well defensively. I am proud of our group. We are creating chances and not giving up a lot.”Bell said the current mentality of the team is strong because of their ability to win games in the late stages or in overtime.The win pushes the Frogs to 11-4-1 on the season and 4-0-1 in overtime matches. The Frogs will conclude their final road trip of the regular season Sunday afternoon against No. 8 West Virginia in Morgantown. Kickoff against the Mountaineers is set for noon. I am the executive editor of TCU 360 from Raleigh, North Carolina. If you walk by my desk in the newsroom you’ll immediately know I’m Post Malone’s biggest fan. I’m always looking for a good story to tell! If you have any story ideas, feel free to reach out! Go Panthers! + posts Linkedin ReddIt Facebook Twitter Linkedin Facebook TCU baseball finds their biggest fan just by saying hello Robbie Vagliohttps://www.tcu360.com/author/robbie-vaglio/ Snow temporarily stepping down as honors dean Another series win lands TCU Baseball in the top 5, earns Sikes conference award TCU wants ex-professor’s discrimination suit dismissed Robbie Vagliohttps://www.tcu360.com/author/robbie-vaglio/ Robbie Vaglio Previous articleVolleyball has largest crowd of the season for its loss against OklahomaNext articleTCU Lettermen’s Association inducts 50th class, includes 2 active coaches Robbie Vaglio RELATED ARTICLESMORE FROM AUTHOR TCU rowing program strengthens after facing COVID-19 setbacks Robbie Vagliohttps://www.tcu360.com/author/robbie-vaglio/ TCU vs Missouri women’s soccer at at Garvey-Rosenthal Soccer Stadium in Fort Worth, Texas on September 3, 2017. (Photo by Gregg Ellman)
Facebook By News Highland – January 19, 2011 Google+ Newsx Adverts Pinterest Almost 10,000 appointments cancelled in Saolta Hospital Group this week Pinterest Twitter Three factors driving Donegal housing market – Robinson Facebook Twitter NPHET ‘positive’ on easing restrictions – Donnelly Guidelines for reopening of hospitality sector published The Government has described a proposal from Donegal Senator Brian O’Domhnaill for it to consider a 50% reduction in commercial rates for a 15 month period as unfeasible.Speaking in the Seanad last night, the general election candidate said while all companies across Ireland have issues, he believes the proximity of the border presents particular problems in Donegal.He told Junior Minister Mary White that a number of businesses in Donegal are struggling, and in one instance, over 30 jobs are at risk:[podcast]http://www.highlandradio.com/wp-content/uploads/2011/01/brianrates.mp3[/podcast]Responding, Minister White said rates are a matter for local authorities, most of which are striving to minimise the impact of rates on business.In what will be seen as a reference to the future return of water charges, MInister White said other local revenue may be available in the future, and this will lessen the dependence on commercial rates.However, she made it clear that any substantial reduction would not be funded by government, and it would be unrealistic to expect councils to absorb such a cut:[podcast]http://www.highlandradio.com/wp-content/uploads/2011/01/whiterates.mp3[/podcast] Previous articlePlaywright Brian Friel named Donegal Person of the yearNext articleTánaiste moves to ease Councillors concerns over school closures News Highland RELATED ARTICLESMORE FROM AUTHOR Calls for maternity restrictions to be lifted at LUH Senator O’Domhnaill’s rate proposals ‘unfeasible’ WhatsApp LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton Google+ WhatsApp
Ulster Univeristy’s decision to scrap a number courses at the Magee campus in Derry has been described as “very disturbing”.In all 53 courses are being scrapped at the University of Ulster, with a dozen of these in the Magee campus.Local lobby group University for Derry (U4D) – which is spearheading the campaign for thousands more undergraduate places in the city – said there were now fears that cutting courses here would result in fewer students from less well-off backgrounds being able to afford to go to university.A spokesman for the group said there were already massive differences in the fees and other costs associated with studying in Britain, effectively barring many students from less well-off backgrounds, while less courses here meant there would more likely to higher grade requirements here.The full-time degree courses going at Magee are: Irish History & Politics; Business Studies with Irish History; Computer Games, Modelling & Animation; Music and a number of dance and drama courses.Part-time degrees being axed are: Irish History and Politics; Irish History with Psychology; American Studies with Irish History; Irish History & Society; and Dance. Google+ Gardai continue to investigate Kilmacrennan fire Google+ Twitter Pinterest By News Highland – February 6, 2015 WhatsApp Main Evening News, Sport and Obituaries Tuesday May 25th Twitter Facebook RELATED ARTICLESMORE FROM AUTHOR Decision to scrap 12 courses at Magee in Derry “disturbing” WhatsApp Facebook Previous articlePolice appealing for witnesses to arson attack on house in PortstewartNext articleNew self-harm nurse service to be provided at Letterkenny General News Highland 365 additional cases of Covid-19 in Republic Further drop in people receiving PUP in Donegal Man arrested on suspicion of drugs and criminal property offences in Derry Homepage BannerNews Pinterest 75 positive cases of Covid confirmed in North
News UpdatesConduct COVID19 Tests On Dead Bodies As Per Stipulated Guidelines: Telangana HC Tells Government Sanya Talwar14 May 2020 4:42 AMShare This – xIn an extraordinary move, the Telangana High Court on Thursday directed the State Government to mandatorily conduct Covid19 tests on dead bodies so as to effectuate contact-tracing of the deadly virus.The Court also directed the State Government to file an updated status report encompassing the strategy for purposes of conducting Coronavirus tests on dead bodies and issued notice to the Centre…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginIn an extraordinary move, the Telangana High Court on Thursday directed the State Government to mandatorily conduct Covid19 tests on dead bodies so as to effectuate contact-tracing of the deadly virus.The Court also directed the State Government to file an updated status report encompassing the strategy for purposes of conducting Coronavirus tests on dead bodies and issued notice to the Centre as well, seeking its response on the procedures being followed for dealing with the virus.A bench of Justices M.S. Ramachandra Rao & K. Lakshman was hearing a PIL filed on behalf of Prof. P.L. Vishweshwar Rao challenging the inaction of the State Governnment and concerned authorities of conducting Covid19 tests on dead bodies as well notifying specified Covid19 bedded hospitals other than, in the area of Greater Hyderabad Municipal Corporation (GHMC).In light of a previous order dated May 12, the court had directed the Respondent(s) to submit a detailed report regarding steps taken by the concerned authorities in Telangana to control COVID19 as per stipulated guidelines of th Health Ministry.Petitioner’s counsel, Advocate Chikkudu Prabhakar pointed out the outright lack of strategy viz. conducting Covid19 tests on dead bodies without paying head to the ICMR notifications of March 24 & April 13 in the said status report.Prabhakar further informed the court that it is requisite upon the government to have a person tested, traced, isolated or treated for the disease as per guidelines of the WHO. While highlighting the innate need to test people who have died for Covid19 samples, Advocate Prabhakar further presented before the court the recent cases of doctors in Nellore and Kurnool of Andhra Pradesh, who were tested positive after their death. Accordingly, while emphasising on the need for strategising dead-body samples, he also pointed out the lack of Covid19 testing in Italy & USA which led to a surge in Covid19 positive cases and deaths.In this backdrop, the court expressed displeasure with the report submitted on behalf of the Director of Medical and Health Department, citing the report to be “vague” and incomplete.The court, while adjourning the matter to May 26 as the next date of hearing, directed the state to strictly comply with the guidelines issued by the WHO and ICMR to conduct Covid19 sampling on dead bodies.The PIL inter alia has averred that inaction of part of the Government authorities circumvents the Constitutional guarantee of Right To Life as non-testing of dead bodies for COVID19 defeats the inundated and ongoing process of contact-tracing.Further, the petition states that only notifying hospitals in a certain area for COVID19 other than the present notified hospitals for Covid19 patients (in GHMC area in the present case) is in abrogation of the “protection of the right to life in Urban, Sub-urban & Rural public at large”.Furthermore, the plea states that this inaction of providing “trained staff, medical equipments and medicines as illegal arbitray, discriminatory, unreasonable, unfair, unjust, unlawful, unconstitutional, whimsical, perverse, mockery, inhumane, bad in law, rid with ulterior motive and against Article 14, 19 & 21.”Next Story
Pinterest Main Evening News, Sport and Obituaries Tuesday August 13th Facebook Pinterest Main Evening News, Sport and Obituaries Tuesday August 13th:Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2019/08/13news.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. FT Report: Derry City 2 St Pats 2 WhatsApp WhatsApp By News Highland – August 13, 2019 Facebook Twitter Arranmore progress and potential flagged as population grows Important message for people attending LUH’s INR clinic Google+ Derry draw with Pats: Higgins & Thomson Reaction Previous articleDanny Cullen and Setanta feature in CNN Hurling filmNext article15 people rescued after being swept out to sea off Magheroarty News Highland Google+ Twitter DL Debate – 24/05/21 News, Sport and Obituaries on Monday May 24th AudioHomepage BannerNewsPlayback RELATED ARTICLESMORE FROM AUTHOR
Previous Article Next Article No comments yet. Leave a Reply Click here to cancel reply.Comment Name (required) Email (will not be published) (required) Website Photo: Shutterstock The number of employment tribunal claims for discrimination arising from disability appears to be rising. John Charlton looks at what is behind the trend, and asks how future developments could affect the way employers manage disabled people at work.Discrimination arising from disability was introduced in the Equality Act 2010 to prevent disabled people being treated “unfavourably because of something arising in consequence” of their disability. Anecdotally, it appears that the number of discrimination arising from disability claims is rising, so are employees adopting it as a relatively easy route to success in employment tribunals?Joanna Marshall, employment solicitor at Charles Russell Speechlys thinks this is the case. “One of the reasons [for the rise] is because case law appears to be making it increasingly easy for claimants to be successful in bringing this type of claim,” Marshall says.More on discrimination arising from disabilityPodcast: discrimination arising from disabilityCheck the requirement that an individual must meet to fall under the definition of disabled in the Equality ActTribunal remedies round-up: discrimination arising from disability“In the recent case of Risby v Waltham Forest the Employment Appeal Tribunal (EAT) held that the casual link between the unfavourable treatment and the disability does not have to be very strong in order to make a discrimination arising from disability claim. Therefore, even where the link between the individual’s conduct and their disability is seemingly tenuous a tribunal might find there is sufficient to constitute discrimination. This has significantly broadened the scope of discrimination arising from disability.”Naeema Choudry, employment partner at Eversheds, agrees, and suggests that employment tribunal claimants may be making claims for discrimination arising from disability because it is more difficult to win claims for an employer’s failure to make reasonable adjustments.“In practice, it is not difficult for a claimant to establish they are disabled,” says Choudry. “In many cases a set of facts could give rise to simultaneous claims for discrimination arising from disability and a failure to make reasonable adjustments, and many claimants do take a belt-and-braces approach and bring both types of claim.”She adds that “from a legal perspective” a discrimination arising from disability claim is “usually much more straightforward” than “trying to shoehorn in a reasonable adjustments claim”.Martin Pratt, employment partner at Gordon Dadds points out: “As part of the Government’s welfare reforms there are more and more people with disabilities in the workplace. This is obviously a positive, but in many cases employment practices have not kept up – resulting in more claims.”Are discrimination arising from disability claims on the rise?Ministry of Justice (MoJ) figures for tribunal cases do not break disability discrimination claims down by type of case. If anything they show such cases overall have fallen. In 2015/16, the MoJ logged 3,183 cases of disability discrimination coming before employment tribunals, compared with 7,260 in 2012/13.To put this in context, there were 66,096 multiple, and 16,935 single, claims going before employment tribunals in 2015/16. In 2012/13 there were 136,837 multiple and 54,704 single cases considered by employment tribunals.What the future holds for disability in employmentThe Cameron Government pledged in 2015 to cut the employment gap between disabled and non-disabled people.According to the Work and Pensions Select Committee the employment rate among disabled people in 2015 was 46.7% compared with 80.3% for the non-disabled. Halving this gap would mean 1.2 million more disabled people in the workplace. According to the Disabled Living Foundation there are more than 6.9 million disabled people of working age, or 19% of the working population.A Green Paper on getting more disabled people into jobs is due by the end of this year.Disability UK says it wants the upcoming Green Paper to contain “stronger incentives and levers used with employers to encourage them to employ more disabled people”. It wants: employers to be compelled to publish figures on how many disabled people they employ; employers bidding for Government contracts to show they have sound track records in employing disabled people; and more support to help them to get a job.The Resolution Foundation wants the paper to recommend expanding the Access to Work programme, and wants a “right-to-return-to-work” period of one year for disabled people who take sick leave due to their disability, and a rebate of statutory sick pay for employers paying sick pay to disabled staff.Of course, the introduction of tribunal fees has considerably cut the number of tribunal claims, including disability discrimination ones. Individual tribunal decisions may provide pointers as to how disability discrimination case law is developing.Key cases on discrimination arising from disabilityFor Hogan Lovells partner Ed Bowyer and senior support lawyer Helena Davies, there are three stand-out cases: G4S Cash Solutions (UK) Ltd v Powell; Risby v London Borough of Waltham Forest; and Griffiths v Secretary of State for Work and Pensions.In G4S Cash Solutions (UK) Ltd v Powell the EAT found it would have been a reasonable adjustment for the employer to give pay protection to an employee who was transferred to a less-well paid job because of disability. In Risby, the EAT confirmed that for the purposes of discrimination arising from disability, it is enough if disability is one effective cause of the unfavourable treatment among others.And, in Griffiths, the duty to make reasonable adjustments applied to an absence management policy that included trigger points for warnings, although on the evidence, say Bowyer and Davies, “it was not reasonable for the employer to make the adjustments in question”.Bowyer and Davies feel the Powell case is important as the EAT took the view “that there was no reason pay protection should not be a reasonable adjustment, in the same way as allowing additional (paid) absence for illness or rehabilitation, for example”.As for Risby, “there were two contributory factors which led to the claimant’s dismissal – physical disability and a short temper. The EAT confirmed that disability only has to be an ‘effective cause’ of unfavourable treatment for a claim of discrimination ‘arising from’ a disability to succeed. There is no requirement for ‘direct linkage’.”Pratt points to two cases: Pnaiser v NHS England and Lamb v The Business Academy Bexley. In the Pnaiser case, says Pratt: “It was held that the provision of a negative reference due to sickness absence relating to a disability and the consequent withdrawal of a job offer amounted to disability discrimination by the employer.”In Lamb, “it was held that the employer’s proper investigation of an employee’s grievances, and provision of an outcome that enabled the employee to return to a safe and discrimination-free environment at work amounted to a reasonable adjustment for disability discrimination purposes. This shows the duty to make reasonable adjustment is very wide and employers should not take too narrow a view. Pnaiser is significant in that it reminds employers that scope for disability discrimination extends beyond the termination of employment.”A further case, Nally v Freshfields Care, involved a care worker who brought a claim for discrimination arising from disability under the Equality Act 2010. Nally was dismissed after using abusive language to a resident suffering from dementia. He claimed he was suffering from post-traumatic stress disorder (PTSD), for which he was receiving counselling. The employment tribunal held that the employer should have realised that Nally suffered from PTSD, and ought to have sought further medical advice and acted accordingly. Nally was awarded £8,514.Finally, in Land Registry v Houghton and others, a 2015 case, the EAT upheld the tribunal’s earlier view that five disabled claimants suffered discrimination arising from disability when they were excluded from a bonus scheme because of their sickness absence records. They had received formal warnings for their absences which debarred them from bonuses.The EAT upheld the tribunal’s view that the formal warnings resulted from disability-related absences.Widening definition of disabilityMeanwhile, employers may be concerned that definitions of what constitutes a disability are likely to widen. The 2010 Equality Act defines a disabled person as a person with a disability if he/she has a physical or mental impairment which has a substantial and long-term adverse effect on his/her ability to carry out normal day-to-day activities.This clearly allows scope for interpretation. What are the likely trends?Marshall says: “With increasing awareness of mental health issues in the workplace, I anticipate there will be more disability claims related to mental health conditions over the next few years.”As for obesity, Marshall points out that in Walker v Sita Information Networking Computing, the EAT found that “obesity is not an impairment of itself but the effects of obesity may result in a claimant being disabled. This has arguably opened the door to more disability discrimination claims [from the obese], but claimants will have to provide medical evidence of physical or mental impairment. This may be why no major increase in such claims has been reported so far.”Bowyer and Davies see a trend developing in the relationship between sickness, conduct and disability. For example: “At what point will an employer be deemed to have constructive knowledge of an employee’s disability? What is the current state of play on absence management procedures in terms of making reasonable adjustments? What points arise when an employee claims that misconduct was related to or caused by their disability?”In Choudry’s view: “We are increasingly seeing conditions which are not themselves a disability, but can give rise to symptoms which are. Obesity is a prime example.Post-Brexit we may see changes in the way courts define disability. This is because in EU law the concept of disability looks at the impairment’s effect on ‘normal day-to-day activities’ which may or may not include work-based activities depending on how specialist they are.”What can employers do to reduce disability discrimination risks?Pratt says pre-employment health questionnaires may be used under the Equality Act to establish if an employee has a disability. “A properly constructed questionnaire will help employers establish at the outset whether there are any mental or physical disabilities that may require action,” he says. “If a candidate does not disclose, when asked, that he or she has a ‘hidden’ disability then it is difficult for them to say that the employer should have a constructive knowledge of that disability if an employment tribunal claim is made.” Are ‘discrimination arising from disability’ claims an easy route to employment tribunal wins?By John Charlton on 5 Oct 2016 in Disability discrimination, Employment law, Personnel Today, Discrimination Related posts:No related photos.