Caledonian Macbrayne Crewing (Guernsey) Ltd and Others

Case Summary

The claimant, who had fibromyalgia and coronary heart disease, claimed disability discrimination under Section 15 of the Equality Act 2010, alleging the respondent prevented him from applying for early ill health retirement as an active pension scheme member by imposing a 'never work again' requirement not found in the pension scheme rules. The tribunal dismissed the claim after a four-day merits hearing.

The tribunal found no material conflict in evidence and considered the dispute centred on matters of interpretation rather than factual disagreement. The judgment applied Section 15 of the Equality Act 2010 requirements and determined that the claimant failed to establish the necessary elements of his disability discrimination claim.

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• •Whether respondents prevented claimant from applying for early ill health retirement while active member of pension scheme
• •Whether HR imposed 'never work again' requirement that did not appear in pension scheme rules
• •Whether unfavourable treatment was because of something arising in consequence of disability (Section 15 Equality Act 2010)
• •Causal link between disability-related circumstances and treatment
• •Whether treatment was proportionate means of achieving legitimate aim

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