Written Warning For Sickness Absence Was Discrimination Arising From Disability

In DL Insurance Services Ltd v O'Connor, EAT upheld the decision of an employment tribunal that an employer had failed to justify the imposition of a written warning due to sickness absences and had therefore discriminated against the employee because of something arising in consequence of her disability.

Mrs O'Connor, who was a disabled person for the purposes of the Equality Act 2010 ('the Act'), had worked for DL Insurance Services Ltd ('DL') since June 2006 in a customer support role. DL was aware of Mrs O'Connor's disability and had in the past made reasonable adjustments, such as allowing Mrs O'Connor to work flexibly and not taking any further action for past sickness absences, despite Mrs O'Connor's absences being above DL's 'trigger point' since 2013. Mrs O'Connor complied with DL's absence reporting requirements and her performance when at work was said to be good.