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Friday, September 11, 2026

Employment Law Update - April 2023 - Employee Benefits ... - Mondaq News Alerts

Welcome to our monthly newsletter, with a summary of the latest news and developments in UK employment law.

Case law updates

Disability discrimination: A claimant who alleged that his disabilities (dyslexia, symptoms of Asperger's syndrome, neurodiversity, and some hearing loss) affected his interactions at work, with stress, anxiety, and conflict causing him to display mannerisms which could be seen as aggression, has unsuccessfully appealed the court's rejection of his 'something arising in consequence of disability' discrimination claim after he was disciplined following a number of incidents with colleagues. The Employment Tribunal (ET) had dismissed his claim, finding that his conduct did not arise from his disabilities but rather from habit or because he had a short temper and did not like being told what to do. He appealed, arguing that his disability did not need to be the main reason for the 'something' (i.e., his conduct), as long as it had more than a trivial influence. However, although critical of the structure of the ET's judgment, the Employment Appeal Tribunal (EAT) concluded that its rationale was not fundamentally flawed – the ET was aware of the medical evidence, and the court had found no error in law or principle in concluding that the conflicts he was disciplined for had not arisen in consequence of his disabilities and, having reached that conclusion, did not have to consider whether any unfavourable treatment had been "because of" something arising...



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