The Claimant, who suffers from osteoarthritis and is disabled for the purposes of the EqA, worked for the Respondent in its warehouse. The Respondent introduced new working practices that the Claimant believed would make her condition worse, and she refused to comply, despite the Respondent's assurances to the contrary. The Respondent issued a final written warning, and the Claimant complained before the ET that this amounted to unlawful discrimination under s 15 EqA. The ET upheld her complaint, despite her mistaken belief; and the Respondent appealed, contending that the ET erred in law in deciding that the Claimant's erroneous belief could amount to a "something" that arose in consequence of the Claimant having osteoarthritis.

The EAT held that there was no causal connection between the Claimant's mistaken belief and her disability, as the test is an objective one. Accordingly, the appeal would be allowed and the ET's decision on the s 15 EqA claim would be set aside.