EAT National Security – DISABILITY DISCRIMINATION – Direct disability discrimination
DISABILITY DISCRIMINIATION – Disability related discrimination
RELIGON OR BELIEF DISCRIMINATION
The Claimant was rejected for employment as an Information Assurance and Network Defence Specialist at GCHQ, a post that required the highest level of security clearance. In a decision with Open and Closed Reasons, all claims of unlawful discrimination were rejected by the Tribunal. The Claimant appealed.
The Tribunal concluded that the Claimant was refused clearance because of security concerns that were partly related to his past disability and religious beliefs but was entitled to conclude that the disability and religious beliefs were not themselves the ground of or reason for the impugned treatment. This was a legitimate distinction in the circumstance and not in error of law or inadequately reasoned. The appeal accordingly failed.
Simler DBE J
[2015] UKEAT 0269 – 14 – 2210
Bailii
England and Wales
Employment
Updated: 05 January 2022; Ref: scu.553733