Disability discrimination: long term and substantial effect

DISABILITY DISCRIMINATION

Disability

Long term and substantial effect

Case   Connor v Chief Constable of South Yorkshire Police [2024] Morning Star, December 10

Facts

C was a civilian employee of SYP. In 2020 he was dismissed for accessing pornography on a workplace computer. C suffered from depression and argued that his conduct had resulted from this disability and that his dismissal had amounted to discrimination. SYP accepted that C suffered from depression but that this had not been long-term. The ET dismissed his complaint of disability discrimination. C appealed to the EAT. The grounds of appeal included procedural irregularities.

Decision      1. The appeal was dismissed.

2. Procedural aspects had not affected the ultimate outcome.

3. The ET had correctly considered whether C’s mental impairment had a substantial long-term effect on daily activities.

4. The absence of GP consultations from 2011 to 2019 and limited evidence of the impact of C’s mental health had undermined his case.

5. The dismissal had been proportionate to the legitimate aims of maintaining workplace standards and public confidence.