A claim for "discrimination arising from disability" can be made where an employee is treated unfavourably because of something arising in consequence of their disability, and the treatment is not justified. The EAT in Hall v Chief Constable of West Yorkshire Police has confirmed that only a loose causal link is required between the disability and the treatment; unfavourable treatment because the employer (wrongly) thought the claimant was falsely claiming to be on disability-related sickness absence was sufficient (and it would then be for the employer to objectively justify its actions).
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Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
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