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Is it discrimination to discipline an employee for aggressive behaviour?

Disability discrimination for something arising from the disability

In this episode 204 of the podcast I bring you details of a case recently decided by the Employment Appeal Tribunal which deals with the issue of behaviour arising from disability. In the case of McQueen v General Optical Council the Tribunal and Employment Appeal Tribunal considered the reasons for the employers actions.

In this episode of the podcast I cover:

  • Section 15 of the Equality Act 2010.
  • The legal test for determining if someone has been treated unfavourably because of something arising in consequence of their disability.
  • The facts of this case.
  • The outcome as decided by the Tribunal and then upheld by the Employment Appeal Tribunal.
  • How employers should approach issues with employees who have a disability.
  • Points to note.
  • How to deal with aggressive behaviours at work.

McQueen v General Optical Council 2023 – Employment Appeal Tribunal Case. You can read the full judgement HERE 

If you find yourself in a difficult scenario with an employee or perhaps you are the person on the receiving end of a disciplinary then please do get in touch and we will be happy to advise you.

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As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

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