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"Discrimination arising from disability" is a relatively new concept introduced by the Equality Act 2010 but it is fast becoming a regular feature in claims at employment tribunal. Eleanor Gelder rounds up five recent case law examples of discrimination arising from disability.
1. Dismissing an employee for disability-related absences
Employers need to tread carefully when deciding to dismiss a disabled employee whose disability-related absences have triggered the organisation’s attendance policy.
In Griffiths v Secretary of State for Work and Pensions, the Court of Appeal held that dismissing an employee for disability-related absences that trigger the application of an attendance policy could constitute discrimination arising from disability.
2. Reasonable adjustments during redundancy process
Employers that fail to make reasonable adjustments in a redundancy process could risk a claim for discrimination arising from disability.