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
  • 29 September 2026
  • Employment

New bereavement leave rights for pregnancy loss

The Government have announced that in April 2027 they will be introducing a new right to bereavement leave to include those who suffer pregnancy loss before 24 weeks. This has been announced in their response to their consultation on bereavement leave “Make Work Pay: Leave for bereavement including pregnancy loss”.

art
  • 25 September 2026
  • Employment

Consultation response on duty to inform workers of right to join a union

The Employment Rights Act 2025, makes it a requirement for employers to inform workers of their right to join a trade union at the same time as the Section 1 particulars are issued to them and at subsequent times. The details of this new duty are to be provided in regulations.

art
  • 24 September 2026
  • Public Procurement

Procurement challenges: What documents and information are bidders entitled to?

A tricky feature of public procurement challenges for unsuccessful bidders is that contracting authorities usually hold all the cards. When the outcome of a tender conducted under the Procurement Act 2023 has been decided, authorities must provide bidders with an Assessment Summary containing their scores for each of the award criteria and those of the successful bidder and an explanation for those scores.

art
  • 23 September 2026
  • Corporate and M&A

GDPR Privacy Policies: Key requirements for organisations

When an organisation is creating a website or app to reach users or potential customers drafting a Privacy Policy may be an afterthought. However, failure to write a Privacy Policy, which complies with the relevant legislation, can have serious consequences.

Pub
  • 17 September 2026
  • Employment

Employment law changes in 2026: What you need to know

Stay ahead of the latest UK employment law changes. Watch our on demand webinar with Monica Atwal and Harry Berryman covering key HR developments and employment law updates for 2026.

art
  • 16 September 2026
  • Employment

Received an Employment Tribunal Claim? 6 Things Employers Should NOT Do

We are well and truly underway with implementation of the Employment Rights Act 2025 (“ERA 2025”) and October brings the next tranche of changes that employers will need to be ready for.