Assertion of disability by employee not sufficient for a discrimination claim

Disability discrimination: No harassment claim possible where disability not established

Date:

1 October 2017

In Peninsula Business Service Ltd v Baker [2017] IRLR 394 EAT, the EAT held that, for a claim of harassment to succeed in a case involving the protected characteristic of disability, it is not enough for the alleged harassment to be "related to" disability in a general sense. The claimant must actually have a disability to bring the claim.