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Allan v Wandsworth Borough Council & Ors - Failure to appoint to an office not a detriment under section 58 EqA 2010 [2013] EAT

Failure to appoint to an office cannot amount to a detriment under Section 58 Equality Act

Ms Allan, a councillor for Wandsworth BC, brought a claim against her employer under section 58 Equality Act ('Official Business of Members') which provides:

'(1) A local authority must not discriminate against a member of the authority in relation to the member's carrying out of official business

[…] (b) by subjecting the member to any other detriment. […]'.

For the purposes of the Pre-Hearing Review, the Council conceded that Ms Allan was at all material times a person with a disability within the meaning of section 6 of the EqA by reason of a mental impairment, namely a depressive illness.

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