JP Morgan Europe Limited v Mr R Chweidan UKEAT/0286/09

Disability Discrimination:

The Employment Tribunal found that the Claimant, an Executive Director in Structured Credit and Sales, had not suffered disability related discrimination under s3A(1) of the 1995 Disability Discrimination Act, by reason of the fact that his disability limited his working hours and prevented him from widening his client base, when he was paid a lower bonus than appropriate and unfairly dismissed. The Employment Tribunal found that if a person in the employee’s position had not been able to do the full hours and was limited to similar hours to the Claimant, that person would also have been dismissed where they had not sufficiently widened their client base. Nevertheless and despite that finding the Employment Tribunal appears to have found that those facts gave rise to a claim for direct discrimination under s3A(5) of the Act. The case was remitted to the Employment Tribunal to determine whether or not there were additional grounds for finding that the Claimant had suffered direct discrimination.

Court: Employment Appeal Tribunal (UK)
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