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Court of Appeal defines meaning of ‘unfavourable treatment’ arising from disability

Makbool Javaid
performance

In Williams v The Trustees of Swansea University Pension & Assurance Scheme and another, the Court of Appeal held that an employee had not suffered unfavourable treatment arising from his disability when his ill-health retirement pension was based on the lower salary he received as a result of a reasonable adjustment to reduce his hours. The CA rejected Williams’ argument that his pension should have been calculated using his previous full-time salary. Unfavourable treatment cannot occur where a disabled person has the advantage of an ill-health retirement pension, but that advantage could have been greater had the disability arisen earlier. The CA confirmed that ‘unfavourable treatment’ means placing a hurdle in front of, or creating a particular difficulty for, or disadvantaging a person because of something which arises in consequence of their disability.


This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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