Dismissal of paraplegic employee angry over lack of wheelchair access

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The Employment Appeal Tribunal (EAT) held that it could be discrimination arising from disability to dismiss a disabled employee who used racist language after becoming angry about not being able to access a training venue. Clare Gregory and Aaron Lyons explain the implications of this decision for employers. Risby v London Borough of Waltham Forest

Facts

The claimant, Mr Risby, worked for the local authority as a deputy risk and insurance manager from 1990 until his dismissal for gross misconduct some 23 years later in August 2013. Mr Risby is a paraplegic worker and it was agreed that he is disabled for the purposes of the Equality Act 2010. He is also renowned for having a short temper. However, the employment tribunal found as a matter of fact that this did not to relate to his disability, but was a personality trait. At no stage during the proceedings did Mr Risby challenge this finding. In 2013, the employer decided to organise workshops for its managers. Originally, these workshops were to be held at a venue that had wheelchair access and so were accessible to Mr Risby. However, following a review of costs, the employer decided that external venues would no longer be used for internal training and the training was subsequently rearranged to take place at a venue without wheelchair access. T