Rosenblatt
  • About
    • Memery Crystal
    • Investors
  • Services

    Services

    Rosenblatt is a disputes powerhouse. Competitive in the best sense, our teams provide incisive specialist expertise and collaborate closely with one another to meet our clients’ needs across the full spectrum of their activities.

    • Dispute Resolution
    • Construction, Engineering and Energy
    • Corporate Investigations
    • Debt Recovery
    • DLT, Digital Assets, and Tokenisation
    • Financial Crime
    • Financial Services
    • Insolvency & Financial Restructuring
    • International Arbitration
    • Probate & Wills
    • Serious & General Crime
    • Tax
    • Non-Contentious & Advisory
  • Insight
  • Events
  • Group Litigation
    • Amazon Legal Action
    • Property Investment Scheme Claims
    • Apple Class Action
  • Contact

Case update: Sheikholeslami v The University of Edinburgh [2018]

16th October 2018

On 5 October 2018 the Scottish Employment Appeal Tribunal (the “SEAT”) handed down its decision in Professor Roya Sheikholeslami v The University of Edinburgh [2018].  This decision touched on several areas of interest under the Equality Act 2010 (the “EA”) but for our purposes the comments of most interest were those regarding discrimination under section 15 of the EA.

Section 15 of the EA

Section 15 of the EA prohibits treating an individual unfavourably because of something which results from (but is not in fact) an individual’s disability.

Section 15 is a tricky provision to apply and it can be difficult for businesses to predict its application which can be the source of some angst when trying to avoid exposures. Sheikholeslami provides useful guidance and reminders for businesses. This may help to minimise the scope for discrimination claims.

The facts

The claimant was Professor Roya Sheikholeslami. She was Professor and Chair of Chemical Process Engineering for the University of Edinburgh within the School of Engineering. Her employment commenced on 1 May 2007. Professor Sheikholeslami raised several complaints about her general treatment by the University. Ultimately, this led her to being signed off sick with workplace stress, anxiety and depression in October 2017. It was agreed that her mental condition satisfied the definition of “disability” within the meaning of the EA.

Employment Appeal Tribunal’s Decision

The SEAT overruled the original Employment Tribunal’s (the “ET”) decision which found that Professor Sheikholeslami had not been discriminated against. Despite her complaints regarding the University’s non-compliance with its own procedures, a visa issue resulting from her refusal to return to the School of Engineering and her ultimate dismissal the ET decided that she was dismissed because she “was unwilling or unable to return to work in her existing post”. Although section 15 has always been understood to provide a broader connection test, the ET felt that “there was insufficient evidence before it to make the necessary link with a disability”.

In recent years, many decisions have sought to re-emphasise that the causation test in section 15 is whether the unfavourable treatment was for something that arose “in consequence of”, rather than “because of” a disability. In Sheikholeslami, the SEAT has seized another opportunity to stress the same. The SEAT set out the basic questions to be asked as follows:

  • Question 1: did the University treat Professor Sheikholeslami unfavourably because of an (identified) something?
  • Question 2: did the (identified) something arise in consequence of Professor Sheikholeslami’s disability?

In the language of this case, the “(identified) something” was Professor Sheikholeslami’s refusal to return to her previous role and the disability was her work-place stress, anxiety and depression.

So, in the SEAT’s view, the key question became whether the refusal to return to her role was something arising in consequence of her work-place stress, anxiety and depression. This was different to the approach taken by the ET which had said the question before them was whether she dismissed because of her disability. In doing so, the ET incorrectly used the language of direct discrimination in a section 15 claim which was a fundamental error. The SEAT stressed in its decision that for section 15 purposes, the causal connection “may involve several links” and the ET did not seem to contemplate this possibility. The ET should have considered why Professor Sheikholeslami was not prepared to return to her existing post. Professor Sheikholeslami became unwell due to the treatment she perceived to derive from the workplace, this became a disability and her refusal to return to the workplace was because of the treatment she perceived. In the words of the SEAT, “in a case like the present one, where the disability, its cause, and its effects are all so interlinked… the broad causation question in section 15 was capable of being satisfied”.

Thoughts

Sheikholeslami clarifies that a looser connection involving more than one link in a chain of causation may be permitted for section 15 claims. For potential claimants, this means that they may have causes of action that they had not initially considered. For businesses, Sheikholesalami is a reminder that they must ensure their staff give careful thought to managing workplace stress. A broad causal rule like this can make it hard to predict what will be considered discriminatory towards disabled staff. Nonetheless, it is a difficult task that must be grappled with and seeking advice will often be prudent.

Post navigation

Kavanaugh – #metoo – What businesses should learn
India Shines on World Bank’s ‘Ease of Doing Business Index’

Categories

  • Articles
  • News
  • Videos

Topics

  • Banking & Finance
  • Competition & Regulatory
  • Corporate
  • Dispute Resolution
  • DLT, Cryptocurrencies and Crypto Assets
  • Employment
  • Financial Crime
  • Financial Services
  • Insolvency & Financial Restructuring
  • International Arbitration
  • Investigations
  • IP/Technology/Media
  • Real Estate
  • Tax
Rosenblatt
  • +44 (0) 20 7955 0880
  • info@rosenblatt-law.co.uk

Helpful Links

  • Anti-Modern Slavery Statement
  • Complaints Policy
  • Diversity & Equality
  • Interest
  • Pricing
  • Subscribe to our Mailing List

SRA No. 820215, authorised and regulated by the Solicitors Regulation Authority.

Ce Logo
Uk Top Tier Firm 2026

Rosenblatt is a trading name of RBG Legal Services Limited, a company registered in England and Wales (with company number 13287062) and which is authorised and regulated by the Solicitors Regulation Authority under SRA No. 820215. A list of the directors of RBG Legal Services Limited, together with a list of those persons who are designated as partners of Rosenblatt, is available for inspection at the registered office of the company at 165 Fleet Street, London EC4A 2DY.

Rosenblatt uses the word “partner” to refer to a senior employee or consultant. However, Rosenblatt is not a partnership and the use of the term “partner” does not create or imply a partnership amongst or between any of its employees or consultants.

© 2025 Rosenblatt

  • Privacy Policy
  • Cookie Policy
  • Terms & Conditions

Website by Brighter*IR

link

We are using cookies to give you the best experience on our website.

You can find out more about which cookies we are using or switch them off in .

Rosenblatt
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

Strictly Necessary Cookies

Strictly Necessary Cookies should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.

Performance cookies

These cookies allow us to count visits and traffic so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.

Please enable Strictly Necessary Cookies first so that we can save your preferences!

Cookie Policy

More information about our Cookie Policy.