JP Morgan Europe Ltd v Chweidan

JP Morgan Europe Ltd v Chweidan

The Tribunal's findings, when properly analysed, show that the reasons for the claimant's treatment were related to the consequences of his disability, not the disability itself. Since a non-disabled person in the same circumstances would have been treated the same, the claims for direct disability discrimination could not succeed. The EAT was wrong to remit the case for reconsideration.

Parties
Appellant: JP Morgan Europe Ltd; Respondent: Russell Chweidan
Jurisdiction
England and Wales
Judgment Date
27 May 2011
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; findings of direct disability discrimination set aside.
Legal Topics
Direct Disability Discrimination, Disability Related Discrimination, Burden of Proof, Unfair Dismissal
Employment Law Discrimination Law Direct Disability Discrimination Disability Related Discrimination Burden of Proof Unfair Dismissal

Case Brief

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Parties

JP Morgan Europe Ltd

Appellant

Russell Chweidan

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding direct disability discrimination when it found no disability related discrimination
  2. 2 Whether the findings of the Tribunal could support a conclusion of direct disability discrimination after applying the correct legal test

Ratio Decidendi

The Tribunal's findings, when properly analysed, show that the reasons for the claimant's treatment were related to the consequences of his disability, not the disability itself. Since a non-disabled person in the same circumstances would have been treated the same, the claims for direct disability discrimination could not succeed. The EAT was wrong to remit the case for reconsideration.

Court Disposition

Appeal allowed; findings of direct disability discrimination set aside.

Orders

  • Substitute findings that the appellant did not commit any act of direct disability discrimination with respect to either the 2007 bonus or the dismissal.