UK: withdrawal of overseas assignment not unlawful disability discrimination

In Owen v AMEC Foster Wheeler Energy Ltd, the Court of Appeal has upheld the decision that an employee with multiple disabilities did not suffer direct disability discrimination when an offer of an overseas assignment was withdrawn, given that a medical assessment identified a high risk that he would require medical attention when overseas. The correct comparator was a person who lacked the claimant's disabilities but was at a similar risk of needing medical attention overseas, and on the facts the comparator would have been treated in the same way. Further, as there were no less discriminatory alternatives, the requirement to pass the medical was also not unlawful indirect discrimination or failure to make reasonable adjustments.