Discrimination arising from disability
Discrimination arising from disability occurs when an employer treats an employee unfavourably because of something that arises as a consequence of their disability (and which cannot be objectively justified). However, an employer will not be liable if they didn’t know the employee was disabled and could not reasonably be expected to have known.
In Baldeh v Churches Housing Association, the employee was dismissed at the end of her probationary period over concerns about her performance and behaviour. She appealed. At the appeal hearing she said that she was suffering from depression and that this caused her behaviour. Her dismissal was upheld by the employer and she brought a claim for discrimination arising from disability.
The employment tribunal rejected her claim. It said that the employer did not know about the disability at the time of dismissal. The Employment Appeal Tribunal disagreed. At the time of determining the appeal, the employer did know about the employee’s disability. The case was sent back to a new employment tribunal to consider afresh.
Employers should ensure that information about a disability which is revealed at any appeal stage is dealt with properly. The appeal process might become longer and more drawn out as a result, but the alternative (tribunal proceedings) could be much longer (and more expensive).
For advice on this or any other issues might arise during the appeal process, contact Andrew West on 01473 298102 or email [email protected].
