Posted by Gemma Ospedale, Partner
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
Loosening of causal link for discrimination arising from disability claims
In Risby v London Borough of Waltham Forest, the EAT has held that there only needs to be a loose causal link between an employee’s conduct and their disability, for a disability discrimination claim arising from disability to be made out.
The employee was dismissed for misconduct when he lost his temper after he learned that the employer had decided to move a course which he was due to attend to a venue which he could not access because of his need to use a wheelchair. The employee’s tendency to be short tempered was a personality trait which was unrelated to his disability. However the EAT took the decision that the situation only arose because he was disabled and it was therefore wrong for the Tribunal to find that the misconduct was unrelated to his disability : he had only lost his temper because he could not go to the course when the venue was changed because of its inaccessibility for wheelchair users.
The case was remitted back to the Tribunal for a rehearing.
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