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Disabilitity discrimination: the need to establish disadvantage - Private Medicine Intermediaries Ltd v Hodkinson [EAT] 15.01.16 (Unreported)

Disability discrimination – Disadvantage – Constructive dismissal - Equality Act 2010 ss.15 and 26; Employment Rights Act 1996 ss. 95(1)(c) and 98. HELD that a finding of disability discrimination could not stand where the conduct about which the disabled employee complained, if rectified, would not have resulted in any better treatment of her. It was not enough for there to be a link between the employee's disability and the employer's treatment; the employer had to create a particular disadvantage consequent upon the disability. In the instant case, the employee's disability had not been the reason for the employer's failings.
Category: Employment » Constructive dismissal; Disability discrimination. Area(s) of law: Employment.
Source: UKEAT/0134/15/LA.

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