Discrimination arising from disability - even a minor aspect of treatment can be grounds for a claim
In a recent case, the Employment Appeal Tribunal (EAT) has confirmed that even a minor component of the reason for treatment can lead to a claim for discrimination arising from disability.
What were the facts of the case?
In the case of Bodis v Lindfield Christian Care Home, the claimant suffered from depression and anxiety. She was the subject of an investigation following several incidents at work. Following a disciplinary hearing the claimant was dismissed. During the disciplinary investigation the claimant gave short and evasive answers to questions. This was due to her disability. The manner in which the claimant approached the disciplinary interview was accepted as part of the reason for taking the matter forward to a disciplinary hearing.
Following her dismissal, the claimant brought claims for unfair dismissal and discrimination arising from a disability. The point of interest for the purposes of this article is in respect of the discrimination arising from disability claim.
Discrimination arising from disability
Under section 15 Equality Act 2010, a person discriminates against a disabled person if they treat them unfavourably because of something arising in consequence of the person's disability. There us a defence available if the treatment was a proportionate means of achieving a legitimate aim.
Tribunal decision and appeal
In the Bodis case, the Tribunal found that as the way the claimant had answered questions during the investigation was one of the reasons for proceeding to a disciplinary hearing. However, the Tribunal considered that as it had only been a "trivial" influence, the decision to dismiss was not something "arising from" the claimant's disability. The claimant appealed to the EAT.
The EAT disagreed with the Tribunal's reasoning, even though the appeal ultimately still failed. The EAT found that even if the conduct in issue was a minor part of the reason for the treatment, it is still capable of being something "arising from" the claimant's disability. The issue then turns into whether the treatment was justified. In the Bodis case the Tribunal had found that the treatment was a proportionate means of achieving the legitimate aim of maintaining disciplinary standards. This finding was not challenged and the appeal failed.
Learning points for employers
Employers should be aware that decisions influenced by an employee’s disability related conduct could be considered discriminatory. Even if the influence is minor, it could still be deemed an ‘effective cause’ of discrimination. This case highlights the importance of employer's conducting thorough investigation and decision-making processes that take into account all relevant factors, including any influence of the employee's disability. Employers should satisfy themselves that any action they take will be capable of objective justification in the event of challenge.