In Shah v Home Office, the claimant had been absent from work with depression before applying for a new role under the Home Office's Guaranteed Interview Scheme (GIS), which guaranteed interviews to disabled applicants who met the minimum criteria.
The claimant selected the option requesting consideration under the scheme. His line manager suspected that he was falsely claiming to be disabled in order to secure an unfair advantage and commenced a disciplinary investigation. The investigation was subsequently discontinued after the claimant's explanation was accepted.
The claimant brought claims for discrimination arising from disability under section 15 of the Equality Act 2010 and victimisation. The employment tribunal dismissed both claims. It was accepted that the claimant had applied under the GIS because of his disability, but concluded that the disciplinary investigation had been triggered by the employer's genuine belief that he had acted dishonestly, rather than because of his disability. It also held that applying under the GIS was not a protected act for the purposes of the victimisation provisions.
The Employment Appeal Tribunal allowed the appeal.
In relation to the discrimination arising from disability claim, the EAT held that the tribunal had focused on the wrong question. The relevant unfavourable treatment was the decision to commence the disciplinary investigation. The relevant "something" arising from the claimant's disability was...
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