In the case of Dunn –v- Secretary of State for Justice and another, the Court of Appeal held that a badly handled ill health retirement procedure did not amount to disability discrimination.
Mr Dunne was employed as a prison inspector but became ill with depression and a serious heart condition. He applied for early retirement but also claimed disability discrimination because of the manner in which the Ministry of Justice had dealt with his ill health retirement.
The case reached the Court of Appeal which held that there was no disability discrimination as there was no evidence of a discriminatory motivation on the part of the decision makers. This was despite the process being held to have been defective by the Court.