Q&As

Where an employee with a service occupancy is asked to leave her accommodation within 24 hours to allow repairs to take place, with the effect of exacerbating her mental health issues, could this amount to discrimination under sections 21 and/or 26 of the Equality Act 2010, or housing discrimination? Does the Employment Tribunal or County Court have jurisdiction?

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Published on LexisPSL on 15/03/2021

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Where an employee with a service occupancy is asked to leave her accommodation within 24 hours to allow repairs to take place, with the effect of exacerbating her mental health issues, could this amount to discrimination under sections 21 and/or 26 of the Equality Act 2010, or housing discrimination? Does the Employment Tribunal or County Court have jurisdiction?

Where an employee with a service occupancy is asked to leave her accommodation within 24 hours to allow repairs to take place, with the effect of exacerbating her mental health issues, could this amount to discrimination under sections 21 and/or 26 of the Equality Act 2010, or housing discrimination? Does the Employment Tribunal or County Court have jurisdiction?

For information on service occupancy and service tenancy generally, see Practice Note: Service occupancy or tenancy?.

The Equality Act 2010 (EqA 2010) provides protection against discrimination and other prohibited conduct which relates to certain listed characteristics which people may possess. Some protections relate specifically to only one of those characteristics. Others provide the same protection in relation to all the characteristics, which are collectively referred to as 'the protected characteristics'.

Disability is one of these protected characteristics, the others being:

  1. age

  2. gender reassignment

  3. marriage and civil partnership

  4. pregnancy and maternity

  5. race

  6. religion or belief

  7. sex

  8. sexual orientation

Disability is any physical or mental impairment which

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