Discrimination arising out of a disability, is this something difficult to prove or establish?

Nick Singer

27 November 2018

Discrimination for something arising out of or as a consequence of a disability?

Section 15 of the Equality Act 2018

Discrimination arising out of a disability is this something difficult to prove or establish?

This is the question I put to expert employment law barrister Nick Singer.

Transcript

Hello, my name is Mark Ferron MD of Castle Associates. Discrimination arising out of a disability is this something difficult to prove or establish? This is the question I put to employment barrister Nick Singer.

It really just depends on the facts and sometimes it's so obvious that everyone agrees and accepts it and you just argue about the justification but at other times it can be extremely difficult. So for example in a case where someone has made a mistake at work and it arises out of a complex brain condition, you may need very complicated medical evidence to actually prove that the mistake arose, in consequence, the brain decision, the brain condition, rather than it just being a genuine mistake or someone having a bad day, so it can get very complicated difficult to prove sometimes it's very easy.

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