Direct discrimination because of disability is a relatively easy concept to grasp and visualise in one’s mind. Discrimination arising from disability less so, especially when the alleged causal link to the disability is further up the causative chain. If a disabled person is off work frequently on sick leave due to their disability, is subsequently dismissed for their poor sickness record and the days taken into consideration are those related to those taken due to their disability we can see how a claim could be framed as discrimination arising from disability. A harder concept to grasp is where an employee used offensive language at work because they were unhappy with a decision taken by their employer that impacted on their ability to attend a function arranged by their employer due to their disability.
