Disability Discrimination

[Thanks to Ed McFarlane of EEF for providing this case summary]

The EAT (HHJ Serota) has handed down its decision in JP Morgan v Chweidan, which is authority for the proposition that where a claim for disability-related discrimination fails, the same facts probably should not support a finding of direct discrimination.

The banker Claimant, disabled after a skiing accident, was unable to work as long hours as before, which led to a reduction in his bonus and dismissal. The Employment Tribunal held that this was not disability-related discrimination, as the Claimant was treated like a comparator in the same predicament but without his disability.

Nevertheless, the Employment Tribunal found direct discrimination under S3A (5) DDA against the Claimant out of the same facts. The EAT overturned this, holding that it was difficult to see how a claim of direct discrimination would succeed where a claim of disability-related discrimination under S3A (1) DDA fails, and remitted the issue of whether the Claimant suffered direct discrimination for the Tribunal to consider whether there were additional grounds to support such a finding.