From News

Disability discrimnination case re refusal to send employee on overseas assignment - Owen v Amec Foster Wheeler Energy Ltd [CA] 14.05.19 (Unreported)

A chemical engineer in poor physical health who worked for an international company which routinely sent its employees on foreign secondments had not been subjected to direct or indirect disability discrimination when his employer refused him an overseas assignment on the ground that he was at high risk of needing emergency medical assistance overseas because of his "appalling medical history". The correct hypothetical comparator for the purposes of the Equality Act 2010 s.13(1) was a person without a disability who had been assessed by a medical practitioner as being of "high risk" to send on the assignment; it was not a person with the same disability as the engineer.
Category: Employment » Disability discrimination. Area(s) of law: Employment.
Source: [2019] EWCA Civ 822.

View original article