Rojgar Job News

In my post last week, I considered the extent of an employer’s duty to make reasonable adjustments to accommodate an employee whose difficult workplace attitude is alleged to have its origins in a disability. However, there is another angle to this question which the employer must also bear in mind. Section 15 Equality Act 2010 make it unlawful for an employer to treat an employee unfavourably “ because of something arising in consequence of ” his disability, unless it can show that treatment to be justified. In other words, one step removed from direct less favourable treatment because of the disability itself; instead, such treatment on the basis of something stemming from it. There are untold cases around the required degree of knowledge of the disability and of causation of the “something”, but they pretty much all depend on their own facts (this one is a particularly extreme example [here]). For present purposes, let us assume that the employer accept...