JP Morgan Europe v Chweidan

This case demonstrates the narrow scope of disability-related discrimination claims following London Borough of Lewisham v Malcolm (2008 IRLR 700 HL), in which the House of Lords decided the correct comparator was someone in a similar situation but who was not disabled. As a result, disability-related discrimination is being replaced by “discrimination arising from disability” under the Equality Act 2010. The new claim is based on unfavourable treatment, so the disabled person will not need to establish that their treatment is “less favourable” than that experienced by a comparator. The employer will still be able to “objectively justify” the treatment.