Ward v The Secretary of State for Work and Pensions (Disability Discrimination : Disability Related Discrimination): EAT 17 May 2013

EAT Disability related discrimination
Direct disability discrimination
Claim for disability discrimination and unfair dismissal. Employment Tribunal upheld one claim of a failure to make reasonable adjustments and dismissed remainder of claims. Appeal principally on the grounds that the ET should have applied the ‘but for’ test in Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] ICR 337 instead of looking for a comparator. Appeal dismissed. This was a claim of direct discrimination and a comparator is required: London Borough of Lewisham v Malcolm [2008] 1 AC 1399. In any event Shamoon is only guidance and was not relevant in this case.
Birtles J
[2012] UKEAT 0271 – 12 – 1705
Bailii
England and Wales
Citing:
CitedShamoon v Chief Constable of the Royal Ulster Constabulary HL 27-Feb-2003
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination.
Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It . .
CitedLondon Borough of Lewisham v Malcolm HL 25-Jun-2008
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.509329