The appellant worked for the respondent for 13 years- the first 10 full time and the last 3 part-time. The reduction in his working hours was due to his disability as he suffered from Tourette’s syndrome.

He retired due to ill-health at the age of 38. The appellant was entitled to a lump sum and annuity, based on his actual salary whether full or part-time. However, the dispute centred on an enhancement which was calculated on the basis of his actual salary at the date of retirement. He argued its calculation constituted discrimination as it was based upon his final part-time salary, rather than his full-time salary. He claimed that this was unfavourable treatment because of ‘something arising in