Search

How can we help?

Icon

EAT further loosens causal test for discrimination arising from disability claims

The recent case of Risby v London Borough of Waltham Forest has arguably further extended the scope of discrimination arising from disability claims by loosening the causal link required between the employee’s disability and the employer’s treatment complained of.

The Claimant, Mr Risby, had been employed by London Borough of Waltham Forest (LBWF). Mr Risby was a paraplegic and used a wheelchair. Mr Risby lost his temper when a workshop organised by his employer was moved to an alternative venue that was not suitable for wheelchair access. This meant Mr Risby was no longer able to attend the event. Aggrieved by this change, Mr Risby lost his temper and shouted at a colleague in a manner that was deemed offensive and racist resulting in his summary dismissal for gross misconduct.

The employment tribunal originally struck out Mr Risby’s claims for unfair dismissal and discrimination arising from disability, holding that his short temper was a personality trait unrelated to any disability he had. The ET argued there was no direct link between Mr Risby’s disability and the unfavourable treatment.

Mr Risby lost his temper and shouted at a colleague in a manner that was deemed offensive and racist resulting in his summary dismissal for gross misconduct.

Conversely on appeal, the EAT noted the looser approach to causation through previous decisions such as Hall v Chief Constable of West Yorkshire Police where it was decided that a loose casual link between the action arising in consequence of the disability and the unfavourable treatment sufficed in meeting the requirements of a claim under the Equality Act 2010.

Although Mr Risby’s short tempered nature was not related to his paraplegia, the EAT held that the Claimant would not have been angered by his employer’s decision to move the workshop to a new venue had the Claimant not been disabled and consequently would not have lost his temper. The Claimant’s appeal was allowed and the case has been remitted for a rehearing.

This case acts as a warning to employers to maintain an air of caution when dealing with employees with a disability and to carefully analyse whether an employee’s reaction to a situation is in relation to a disadvantage that they have suffered as a result of their disability, rather than just simply the effects of that disability. A failure to do so could amount to unlawful discrimination arising from a disability.

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

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 19 October 2026
  • Immigration

Right to Work Checks: Are UK businesses becoming immigration enforcement officers?

The UK’s Right to Work regime has undergone a significant expansion, with changes taking effect from 1 October 2026.

art
  • 15 October 2026

Clarkslegal celebrates continued success in Chambers and Partners UK 2027

Clarkslegal is delighted to announce that we have once again been recognised by Chambers and Partners UK 2027, celebrating continued success across the firm and a number of enhanced individual rankings.

Pub
  • 15 October 2026
  • Privacy and Data Protection

Data breaches and ICO investigations: Responding with confidence

In this podcast Harry Berryman and Zahra Navarro discuss recent ICO enforcement action, common causes of data breaches, and the practical steps organisations should take to respond effectively when incidents occur.

art
  • 14 October 2026
  • Litigation and dispute resolution

London Court of International Arbitration v International Chamber of Commerce: Key differences

Compare LCIA and ICC arbitration rules, costs, confidentiality provisions and expedited procedures. Learn the key differences between these leading international arbitration institutions and how to choose the right option for your commercial dispute.

art
  • 09 October 2026
  • Employment

Neurodiversity, probation and unfair dismissal: What employers need to know

The next few years are introducing landmark changes to employment law in the UK, under the Employment Rights Act 2025. Part of these changes include the amendments to rights to unfair dismissal, reducing the qualifying period for this right to six months.

art
  • 08 October 2026
  • Commercial Real Estate

Packing up rate mitigation – The end of ‘box shifting’?

What is box shifting and how does it affect property owners and tenants? We examine the Court of Appeal’s decision in City of London v 48th Street Holdings and its implications for intermittent occupation, business rates and lease arrangements.