April 21, 2016

Guidance on discrimination arising in consequence of disability

The analysis by the new EAT President of Section 15 in terms of causation explained that, “the “something” that causes the unfavourable treatment need not be the main or sole reason, but must have at least a significant (or more than trivial) influence on the unfavourable treatment, and so amount to an effective reason for or cause of it”. Here, the Employment Tribunal was found to have been wrong to apply a test which required the Claimant to show, before the burden of proof could shift, that the only inference which could be drawn regarding the conduct of her former line manager was a discriminatory one. In fact all that was needed was a prima facie case that her absence record was the reason in the manager’s mind for giving a negative reference, whether consciously or otherwise.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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