Difference in treatment

Case 4: The facts

James Greig applied for a job which he did not get. A couple of months later he reapplied for the same job, but by this time the post had been filled.

Greig brought a claim under the DDA, arguing that he had been less favourably treated on grounds of his disability.

The ruling

The Employment Appeal Tribunal found that there had been no vacancy when Greig made his second application, and he had been treated in the same way as anyone else who applied for an already filled post. There had been no less favourable treatment.

Greig v DTZ Management Services UKEAT/0033/04