Claimant v University of Aberdeen
Outcome
Individual claims
The claimant's direct discrimination claim was misconceived because he compared himself with other disabled applicants under the Guaranteed Interview Scheme rather than non-disabled applicants. Section 13 of the Equality Act 2010 requires comparison with someone who does not share the protected characteristic. The claim had no reasonable prospect of success and was struck out under Rule 37(1)(a).
Facts
The claimant, a disabled person, applied for a position with the University of Aberdeen and expected to be interviewed under the respondent's Guaranteed Interview Scheme for disabled applicants. He was not afforded an interview and brought a claim of direct disability discrimination. The claim was based on alleged unfair treatment compared with other disabled applicants under the same scheme. The respondent applied to strike out the claim, and the claimant applied to strike out the respondent's response.
Decision
The tribunal struck out the direct discrimination claim because it was misconceived. The claimant had compared himself with other disabled applicants rather than non-disabled comparators as required by section 13 of the Equality Act 2010. The claim had no reasonable prospect of success. The tribunal refused the claimant's application to strike out the respondent's response, finding no basis for it under Rule 37(1)(b).
Practical note
A direct discrimination claim under section 13 of the Equality Act 2010 must involve comparison with someone who does not share the claimant's protected characteristic; comparing treatment between members of the same protected group is misconceived and will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 8000580/2023
- Decision date
- 28 June 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No