Need to Know - Issue 4 2016

Only a loose causal link required for discrimination arising from disability claim

In Risby v London Borough of Waltham Forest UKEAT/0318/15, the EAT held that there only needs to be a loose causal link between an employee’s conduct and their disability for a discrimination arising from disability claim to be made out.

Unfair Dismissal – Employer’s genuine and reasonable belief in employee’s right to work in UK

Mr Nayak has been working for Royal Mail since January 2008. In May 2014 his employment was terminated because Royal Mail believed that he no longer had the right to work in the UK.

Disciplinary for imposing Christian views on a Muslim employee was not discriminatory

Religious discrimination cases are inherently tricky to deal with, especially where the religious beliefs of two employees conflict. If a conflict arises between two employees based on their respective religious beliefs, and the employer decides to take action, it should do so on the basis of any misconduct on the part of one or other employee, rather than to their religious belief itself. The employer should also ensure that any steps taken are reasonable and proportionate. The recent case of Wasteney v East London NHS Trust, which has attracted national media coverage, demonstrates how this can work in practice.

Group disadvantage suffered by Christian who stayed with her husband following his conviction for sexual offences

Ms Pendleton, a committed Anglican Christian, had been working at Glebe Junior School as a teacher for 12 years before her dismissal in September 2013. She had an exemplary disciplinary record and was well respected.