The Claimant suffered from several disabilities including depression and Tourette’s syndrome and was initially allowed to work part-time. He was then granted early retirement on the grounds of ill health. The University’s pension scheme entitled him to an enhanced pension based upon the salary he was receiving at the time of his retirement as well as a period of pensionable service from his date of retirement up until his normal retirement date, which amounted to a period of over 28 years. He also received accrued pension without actuarial reduction for early receipt.

However, the enhanced benefits were calculated based on his part-time salary and not the full-time equivalent. The claimant argued that this amounted to disability discrimination since a