Morgan v Armadillo Managed Services Ltd (Disability Discrimination : Disability related discrimination) [2013] UKEAT 0567_12_1505 (15 May 2014)

Morgan v Armadillo Managed Services Ltd (Disability Discrimination : Disability related discrimination) [2013] UKEAT 0567_12_1505 (15 May 2014)

Knowledge, actual or constructive, is a requirement for a claimant to succeed in a claim for direct disability discrimination under section 13(1) of the Equality Act 2010. The Employment Tribunal was correct in law to accept the agreed position of the parties. The respondent did not know and could not reasonably have been expected to know that the claimant was disabled at the relevant times.

Citation
[2013] UKEAT 0567_12_1505
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
15 May 2014
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Disability Discrimination, Direct Discrimination, Constructive Knowledge, Commission Payment, Breach of Contract
Employment Law Discrimination Law Disability Discrimination Direct Discrimination Constructive Knowledge Commission Payment Breach of Contract

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Is knowledge required for a claim for disability discrimination under section 13(1) of the Equality Act 2010?
  2. 2 Was the failure to pay commission because of something arising in consequence of disability?

Ratio Decidendi

Knowledge, actual or constructive, is a requirement for a claimant to succeed in a claim for direct disability discrimination under section 13(1) of the Equality Act 2010. The Employment Tribunal was correct in law to accept the agreed position of the parties. The respondent did not know and could not reasonably have been expected to know that the claimant was disabled at the relevant times.

Court Disposition

appeal dismissed