Makbool Javaid, Partner and Head of Employment Law, looks at the EAT’s ruling in Risby v London Borough of Waltham Forest that the dismissal for misconduct of a disabled employee, after he became angry at being required to attend a training venue with no wheelchair access, was as a consequence of his disability. Makbool explains how the EAT concluded that that if Risby had not been disabled, he would not have been angered by the decision to hold the workshop in a venue he could not access. His misconduct was the product of indignation and his disability was an effective cause of that indignation and so of his conduct. Makbool also explains how the employer may be able to justify the dismissal as a proportionate means of achieving a legitimate aim, i.e. the nature of his racist, foul language outburst meant his presence could no longer be tolerated in the workplace.
This article first appeared in CIPD People Management
Link to CIPD article
Link to PDF version: Risby v London Borough of Waltham Forest