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The EAT held that dismissal because of such language could amount to discrimination arising from disability contrary to s.15 EqA.

In Risby v LB Waltham Forest the claimant had a short temper, which was not related to a disability. However, the EAT held that his disability (paraplegia), for which he wanted the reasonable adjustment, was also an effective cause of the offensive language. This brought the case within s.15, so the tribunal had to consider whether the dismissal was a proportionate response.

More: Discrimination arising from disability>Some decided cases.