What amounts to Discrimination arising from Disability

A person discriminates against a disabled person if:

1. •

   they treat the disabled person unfavourably because of something arising from, or in consequence of, that disabled person’s disability, and

2. •

   they cannot show that the treatment is a proportionate means of achieving a legitimate aim, and

3. •

   they knew, or could reasonably have been expected to know, that the disabled person had the disability

This provision is of relevance where a disabled person is treated unfavourably because of something arising from, or in consequence of, their disability, such as the need to take a period of disability-related absence, rather than because of the disability itself.

Treating someone 'unfavourably'

In Williams it was held that unfavourable treatment is different from a 'detriment'. It means placing a Hurdle in front of, or creating a particular difficulty for, or disadvantaging a person but the threshold is relatively low. It is necessary