DJ v The Proprietor of Wellington College: [2024] UKUT 449 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Freer on 5 August 2024.
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Judicial Summary
This decision concerns the application of section 15 of the Equality Act 2010 (discrimination arising from disability). The Tribunal erred when considering something arising in consequence of disability and the influence on unfavourable treatment. The Tribunal also erred in relation to its approach to justification. Something arising in consequence of disability can be a significant influence on the unfavourable treatment, or a cause which is not the main or sole cause but is nonetheless an effective cause of that treatment. The approach to justification under section 15 requires balanced consideration of the discriminatory effect on the disabled individual against the legitimate aim: a critical review of whether the impact of the discrimination is disproportionate to the likely benefit of the measure. The appeal relating to section 20 of the Equality Act 2010 (reasonable adjustments) and inadequate reasons are dismissed. The case is remitted to a new tribunal panel .