Wrongly Held Belief About Performing Physical Activity While On Sickness Absence Led To Disability Discrimination

EAT confirms employer's belief can be 'something arising in consequence of disability'.

Section 15 of the Equality Act 2010 (EQA) protects workers and employees against unfavourable treatment for 'something arising in consequence of' a disability, where the treatment cannot be justified as a proportionate means of achieving a legitimate aim.

A common example is when an employee is disciplined for taking sickness absence in breach of the employer's absence policy when the absence is disability-related and the disciplinary action cannot be justified.

When deciding whether an action is 'something arising from' a disability, the tribunal will first apply an objective test, considering what was the 'something' and whether this 'something' arose from a disability. It will then decide whether the less favourable treatment was as a consequence of the 'something', exploring the subjective state of mind of the decision-maker.