EAT on 30th July 2004

1. where a person who has been discriminated against in the course of his employment brings a claim under the employment sections of the Disability Discrimination Act 1995 his claim must be against his own employer;
   
2. where the discriminatory act was done by an employee of a 3rd party employer, the injured party cannot use the "vicarious liability" provisions of the Act to make the 3rd party employer vicariously liable.

For relevant general notes see Disability Discrimination/Disability Discrimination Act 1995/vicarious liability of employers .