In Land Registry v Houghton and ors, the EAT has upheld a tribunal’s decision that a bonus scheme that excluded those who had received a formal warning in respect of sickness absence during the relevant financial year occasioned discrimination arising from disability under S.15 of the Equality Act 2010. The rule clearly gave rise to unfavourable treatment in consequence of disability, given that the exclusion was automatic even for disability-related absences, and it could not be objectively justified because, among other things, managers had no discretion under the scheme.

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