Case law - If a Claimant conduct arising from disability is a minor contributing factor

If a Claimant’s conduct arising from disability is a minor contributing factor to a decision taken by an Employer, that decision can amount to discrimination arising from disability under the Equality Act 2010 – Bodis v Lindfield Christian Care Home.

The Claimant suffered from depression and anxiety. Following an investigation, her employer ruled she was responsible for a series of incidents that included drawing facial hair on photos of female staff, spilling water and reed diffusers, and tuning off the boiler.

The Claimant provided short and evasive answers at the investigation interview, and this was one of the reasons the matter proceeded to a disciplinary hearing.

The tribunal accepted that the manner in which she had responded to questions in the investigation meeting arose as a consequence of her disability, and it also found that it had influenced the decision to proceed to a disciplinary. However, it determined that as it was only a “trivial” influence, and not the “effective cause”, the decision had not arisen from her conduct (i.e. the manner in which she had responded to questions).

The Employment Appeals tribunal disagreed and determined that something arising from discrimination can be a minor part of the reason for the treatment afforded to an individual, as long as it was “as effective cause”. It ruled that in this situation it was clearly one of the causes and reasons for the employer proceeding to a disciplinary hearing. In this case, it went on to rule that the decision to take the matter to a disciplinary was justified in any event, and therefore the Claimant’s appeal failed.