Claimant v Cornwall Hospice Care Limited

The tribunal found that the respondent's refusal to postpone the disciplinary hearing was not direct disability discrimination. The tribunal did not find that the claimant was treated less favourably than a comparator would have been treated in these circumstances.

The tribunal found that bringing the disciplinary hearing forward constituted direct disability discrimination. The respondent treated the claimant less favourably because of her disability by advancing the hearing date, which the tribunal determined was discriminatory treatment.

The tribunal found that the decision to bring the disciplinary hearing forward was unfavourable treatment because of something arising in consequence of the claimant's disability. The respondent could not show this treatment was a proportionate means of achieving a legitimate aim.

The tribunal found that the decision not to postpone the disciplinary hearing was not unfavourable treatment arising from disability. The tribunal determined this decision was justified or did not constitute unfavourable treatment in the circumstances.