Owen v AMEC Foster Wheeler Energy Ltd & Anor [2019] EWCA Civ 822 (14 May 2019)

Owen v AMEC Foster Wheeler Energy Ltd & Anor [2019] EWCA Civ 822 (14 May 2019)

The refusal to deploy the Claimant overseas was not direct disability discrimination because a hypothetical comparator with equivalent medical risk but without the Claimant's particular disability would have been treated the same; the medical assessment requirement was a proportionate means of achieving a legitimate aim and not indirect discrimination; no breach of the duty to make reasonable adjustments occurred as no reasonable adjustment could have avoided the disadvantage given the medical evidence.

Citation
[2019] EWCA Civ 822
Parties
Appellant: Robert Owen; First Respondent: AMEC Foster Wheeler Energy Limited; Second Respondent: James Shaughnessy
Jurisdiction
England and Wales
Judgment Date
14 May 2019
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Direct Discrimination, Indirect Discrimination, Reasonable Adjustments, Equality Act 2010
Employment Law Equality Law Disability Discrimination Direct Discrimination Indirect Discrimination Reasonable Adjustments Equality Act 2010

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Robert Owen

Appellant

AMEC Foster Wheeler Energy Limited

First Respondent

James Shaughnessy

Second Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether refusal to deploy a disabled employee overseas constituted direct disability discrimination under section 13 Equality Act 2010
  2. 2 Whether the medical assessment requirement amounted to indirect disability discrimination under section 19 Equality Act 2010
  3. 3 Whether there was a breach of the duty to make reasonable adjustments under section 20 Equality Act 2010

Ratio Decidendi

The refusal to deploy the Claimant overseas was not direct disability discrimination because a hypothetical comparator with equivalent medical risk but without the Claimant's particular disability would have been treated the same; the medical assessment requirement was a proportionate means of achieving a legitimate aim and not indirect discrimination; no breach of the duty to make reasonable adjustments occurred as no reasonable adjustment could have avoided the disadvantage given the medical evidence.

Court Disposition

Appeal dismissed