Search

How can we help?

Icon

Discrimination arising from a disability is not a ‘but for’ test

In Robinson v Department for Work and Pensions, the Claimant brought a claim for discrimination arising from a disability relating to the way the DWP handled her disability.

The Claimant suffered from blurred vision, a disability which caused migraines when the Claimant used computer software required by the DWP.  The DWP made adjustments for the Claimant but there were technical difficulties and delays in doing so.

The ET upheld the Claimant’s claim but this was overturned by the EAT, with which the Court of Appeal agreed.  In its Judgment the Court of Appeal said that the correct test is whether the Claimant was treated unfavourably “because of” something arising from her disability – requiring the ET to examine the thought-processes (conscious or unconscious) of the alleged discriminators.   It was not enough for the Claimant to demonstrate that “but for” her disability, she would not have been in the unfavourable situation.

This judgment provides clarity on the way in which the ET must approach claims for discrimination arising from a disability, which includes consideration of the reason for the unfavourable treatment.

This judgment provides clarity on the way in which the ET must approach claims for discrimination arising from a disability, which includes consideration of the reason for the unfavourable treatment.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 20 May 2026
  • Immigration

AI vs Home Office approved Translations – why migrants are paying the price

AI is transforming almost every professional sector. Law firms now use AI-assisted drafting, businesses rely on automated translation software, and governments increasingly use digital systems for decision-making.

art
  • 20 May 2026
  • Employment

Trade Unions Right of Access from October – What you need to know

Under the Employment Rights Act 2025, independent Trade Unions (i.e. those with a certificate of independence) will have a right to access workplaces (physically and digitally) from October 2026.

art
  • 19 May 2026
  • Privacy and Data Protection

New Complaints Procedure for Data Protection Coming in June – Are You Ready?

The Data (Use and Access) Act 2025 (the “Act”) received Royal Assent last year and introduces slight reforms to the UK’s data protection regime.

art
  • 18 May 2026
  • Commercial Real Estate

Land Registry title to property mines and minerals

Depending on the location of the property, it is quite common in parts of England and Wales for a property title to contain a reference to mines and minerals, and for these to be excluded from the surface owner’s ownership in favour of another party.

art
  • 13 May 2026
  • Employment

10 top tips for negotiating a redundancy settlement agreement, for employers and employees

Redundancies are on the rise, resulting in increased use of settlement agreements. We’ve compiled our top 10 tips for drafting and negotiating these agreements to support both employers and employees through this challenging process.

art
  • 12 May 2026
  • Immigration

Supplementary Employment: When is it Allowed under UK Immigration Rules?

This article provides a guidance to understanding the rules on supplementary employment in the UK.