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ARTICLE · 19 OCTOBER 2018

Disability Discrimination Is Never Black And White

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When it comes to discrimination arising from disability in the workplace, the situation can be nuanced.

United KingdomEmployment and HR
Tom Draper
Tom Draper

Tribunal decision overturned by EAT who confirm disability causation tests need careful thought

When it comes to discrimination arising from disability in the workplace, the situation can be nuanced. This recent case highlights the caution employers need to take when dismissing someone for something caused by their disability. The Scottish EAT confirmed that 'something arising in consequence of disability' is not limited to strict causation – it can include a more complex chain of events.

The Equality Act 2010 protects employees from being discriminated against at work due to a disability. The employer must also make all adjustments that are reasonable to ensure workers with disabilities aren't substantially disadvantaged while doing their jobs.

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