Causality And Discrimination Arising From Disability

In Risby v London Borough of Waltham Forest, 

the EAT decided there only needs to be a loose connection between an employee’s conduct and their disability for a discrimination arising from disability claim to be made out.

Mr Risby’s employer (LBWF) dismissed him for misconduct after he lost his temper when he discovered LBWF had decided to move a course to a venue inaccessible to him as a wheelchair user. The Employment Tribunal concluded Mr Risby’s tendency to be short-tempered was a personality trait unrelated to his disability of paraplegia.

Conversely, the EAT considered the situation only arose because Mr Risby was disabled and it was, therefore, wrong for the ET to conclude that the misconduct was unrelated to Mr Risby’s disability.

The EAT has remitted the case back to the ET for rehearing. Here is a link to the EAT’s decision.

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