Sid has depression. He has worked for 2 years for his employer who knows he has depression. Recently he has had two periods of absence because of his depression. His employer disciplines him because of the amount of absences he has had.
Sid has been treated worse not because of his disability but because of something arising out of his disability – the time he has taken off sick. This may be discrimination arising from Sid’s disability.
But Sid’s treatment will not be discrimination arising from disability if his employer can show that:
- the treatment was for a good reason, and appropriate and necessary, or
- they did not know or could not reasonably have known that Sid had a disability