- Discrimination arising from disability: no requirement for employer to know employee’s behaviour occurred in consequence of disability (City of York Council v Grosset)
- What are the practical implications of this case?
- What is the relevant background?
- Relevant law
- Factual background
- Decisions of the employment tribunal and EAT
- What did the Court of Appeal decide?
- Case details
Employment analysis: Claims of discrimination arising from disability under section 15 of the Equality Act 2010 (EqA 2010) require the employment tribunal to: (1) identify the ‘something’ that caused the employer’s action (eg what caused a decision to dismiss), and (2) determine whether that ‘something’ arose from, or was in consequence of, the disability. The first of these steps is subjective (based on why the employer did what it did) and the second is objective (as to whether as a matter of fact it arose from, or was in consequence of, the disability). While the employer must have knowledge of the employee’s disability, there is no requirement that it knew that the ‘something’ that led to its action occurred in consequence of that disability, according to the Court of Appeal.
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