Knowledge of link between misconduct and disability.
The Court of Appeal has confirmed that employers who know of a disability can be liable for disability discrimination for imposing a disproportionate penalty for misconduct even without being aware of a link between the disability and misconduct.
Diana Kloss suggests this could lead to further questions being put to OH in misconduct cases, on whether there is a link with the disability.
Read the full blog: Discrimination arising from a disability: misconduct cases.
This case is also discussed at Discrimination arising from disability (EqA s.15)>Knowledge of the disability and its consequences.