A disability discrimination case centred around a housing management decision could have a positive impact on employers involved in future employment tribunals.

In a case involving the breach of a tenancy agreement the claimant argued that his mental health condition had led to an infringement and therefore any repossession would amount to less favourable treatment contrary to the Disability Discrimination Act.

The tenant had to show that he had been less favourably treated by way of a comparison with another group. The House of Lords found that it would be appropriate to make a comparison with someone in the same circumstances who was not disabled but who had acted in the same manner.

In an employment context this means that an employee who claims that their dismissal on grounds of sickness absence amounts to disability discrimination will have to show that another non-disabled employee in the same situation would not have been dismissed.

It's likely to narrow the scope of claims as employers can point to decisions being based on grounds of business efficiency rather than a disability.

Halliwells

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