Non-disabled workers

Case 3: The facts

Brian Hart was offered a job, but the offer was withdrawn on the basis of an incorrect medical assessment which indicated that he had a disability. Hart claimed that he had been discriminated against on grounds of disability.

The ruling

Although it accepted that Hart felt extremely aggrieved at having been denied a job, the Employment Appeal Tribunal ruled that he could not bring a claim of disability discrimination because he was not a disabled person.

Hart v Bolton Hospitals NHS Trust UKEAT/0909/04