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Disability discrimination: Discrimination requires knowledge of disability

This report relates to 1 case(s)

In O'Neill v Symm & Co Ltd 26.2.98 EAT 885/97, the EAT holds that an employer's knowledge of an employee's disability, or at least its material features, was relevant in determining whether the employer treated the employee, for a reason which related to her disability, less favourably than in comparable circumstances it would have treated others to whom that reason would not apply. The reason must involve a knowledge of the matter that is material; and what is material to discrimination on the ground of disability is disability, and not merely one or other equivocal symptom.