What is discrimination arising from disability?

Nick Singer

25 September 2018

What is discrimination arising from disability?

Discrimination arising out of a disability is where an employer treats their employee unfavourably because of something arising in consequence of that employee’s disability and the employer cannot show that the treatment is a proportionate means of achieving a legitimate aim. In other words, the employer must demonstrate that the measures taken were "reasonably necessary" in order to achieve its aims – which could be a business need or health and safety reason.

Discrimination arising out of a disability cannot occur unless the employer knew or should have known about the employee’s disability at the relevant time.

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

Video Transcript

Hello, what is meant by discrimination arising out of a disability? Now, this is the question that I put to Nick Singer so please watch this short video.

What you start with, in this area of law, is you start with something called unfavourable treatment. So if someone is treated unfavourably that's the starting point. It might be being dismissed, it might be given a written warning something like that. If that, if the behaviour which leads to unfavourable treatment arises in consequence of someone's disability that is prime facia unlawful, so a classic example is someone is dismissed, which is unfavourable treatment because of their absence. If that absence arises in consequence of the disability then you have been treated unfavourably in consequence of your disability.

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