The Claimant was dismissed for inappropriate and offensive messages on the employer’s method of communicating with employees (“Slack communications”). The ET found applying Risby v London Borough of Waltham Forest UKEAT/0318/15/DM that although some of the comments were something arising from the Claimant’s disability, the dismissal was a proportionate response to certain of the Respondent’s legitimate aims under section 15(1)(b) of the Equality Act 2010. The Claimant appealed on the basis that the ET had (1) not considered whether the use of the language itself arose directly from his disability and (2) insufficiently analysed whether the dismissal was a proportionate means of achieving a legitimate aim.

The EAT dismissed the appeal. (1) The ET had properly considered the case advanced by the Claimant that his comments were an indirect consequence of his disability, applying Risby; (2) the ET went onto to consider the section 15(1)(b) defence properly, had carried out the necessary balancing exercise required and permissibly decided that dismissal was proportionate including considering alternatives to dismissal.