Employer Did Not Discriminate by Disciplining Disabled Employee
The Employment Appeal Tribunal has upheld an Employment Tribunal decision that an employee's disruptive conduct at work was not attributable to his disabilities.
What Was the Background to the Claim?
In the case of McQueen v General Optical Council, Mr McQueen had various disabilities, including some symptoms of Asperger's Syndrome, hearing loss and dyslexia. His employer (the GOC) knew about Mr McQueen's disabilities, and sought to support him at work. Nevertheless, over a period of several years, Mr McQueen had various difficult interactions in work. He could interact in a confrontational and aggressive manner towards colleagues. He also stood up to speak in a loud voice in the office, and was told this was disruptive.
Mr McQueen was disciplined on more than one occasion in relation to his interactions with colleagues. He brought a claim for discrimination arising from disability under the Equality Act, arguing that all of his disruptive workplace behaviour was attributable to his disabilities. In response, the GOC acknowledged the known effects of his conditions and set out the support it had put in place in respect of those. However, the GOC also argued that Mr McQueen's habit of standing up to talk, and also the way he interacted with colleagues in certain situations did not arise from his disabilities.
The Tribunal rejected Mr McQueen's claim and Mr McQueen appealed to the Employment Appeal Tribunal EAT.
What Did the EAT Decide?
The EAT upheld the Tribunal's decision. Mr McQueen's so-called need to stand up in order to talk was as a result of habit. In respect of the way Mr McQueen would respond to colleagues when being given certain instructions, he had a short temper. Mr McQueen's disabilities had no effect on his conduct during the incidents in question. The GOC, despite taking formal action against Mr McQueen, therefore had not treated him unfavourably because of something arising in consequence of his disability.
What Can Employers Learn from This Decision?
This is a useful decision for employers. In the context of offering appropriate support to disabled employees, it acts as a reminder to consider each incident on its own merits. As the employer did here, it may be necessary to seek occupational health advice in order to determine the extent to which an employee's disability might be impacting on them at work. On the basis of medical evidence, it might be possible to draw a line between the impact of the employee's disability, and unrelated behaviour at work.
