JP Morgan Europe Ltd v. Chweidan [2010] UKEAT 0286_09_2608 (26 August 2010)

JP Morgan Europe Ltd v. Chweidan [2010] UKEAT 0286_09_2608 (26 August 2010)

Where the Employment Tribunal finds that a comparator would have been treated in the same way as the Claimant, claims for both direct and disability-related discrimination must fail; the same facts cannot support both claims unless there is a clear distinction in treatment or reasoning. The matter is remitted to the...

Source-derived case information.

Citation
[2010] UKEAT 0286_09_2608
Parties
Applicant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
26 August 2010
Procedural Posture
Employment Appeal / Remitted to Employment Tribunal for Determination of Direct Discrimination
Outcome
Appeal allowed in part; matter remitted to Employment Tribunal for further determination of direct discrimination
Legal Topics
Disability Discrimination, Direct Discrimination, Disability Related Discrimination, Unfair Dismissal, Bonus Payment, Comparators
Employment Law Discrimination Law Disability Discrimination Direct Discrimination Disability Related Discrimination Unfair Dismissal Bonus Payment Comparators

Source-derived case record

Summary, issues, holding and outcome

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Parties

Claimant

Applicant

Respondent

Respondent

Procedural Posture

Employment Appeal / Remitted to Employment Tribunal for Determination of Direct Discrimination

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding direct disability discrimination where disability-related discrimination was not established
  2. 2 Whether the same facts can support claims for both direct and disability-related discrimination under the Disability Discrimination Act 1995
  3. 3 Appropriate use and construction of comparators in discrimination claims

Ratio Decidendi

Where the Employment Tribunal finds that a comparator would have been treated in the same way as the Claimant, claims for both direct and disability-related discrimination must fail; the same facts cannot support both claims unless there is a clear distinction in treatment or reasoning. The matter is remitted to the Employment Tribunal to clarify and identify any direct discrimination, excluding bonus and dismissal related to failure to widen the client base.

Court Disposition

Appeal allowed in part; matter remitted to Employment Tribunal for further determination of direct discrimination

Orders

  • Employment Tribunal to determine if there has been direct discrimination, specifying the grounds and comparators, excluding bonus and dismissal related to failure to widen client base