Child Support Agency (Dudley) v Truman: EAT 5 Feb 2009

EAT DISABILITY DISCRIMINATION: Disability related discrimination / Compensation
Whether the Novacold comparator in cases of disability-related discrimination must be replaced in employment cases by the Malcolm comparator. Answer, yes. Application to facts of this pre-Malcolm case. Effect on compensation. Appeal allowed; case remitted to same Employment Tribunal for further consideration.

Judges:

Peter Clark J

Citations:

[2009] UKEAT 0293 – 08 – 0502, [2009] IRLR 277, [2009] ICR 576

Links:

Bailii

Citing:

CitedLondon Borough of Lewisham v Malcolm HL 25-Jun-2008
Unrelated Detriment was no Discrimination
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 22 July 2022; Ref: scu.280455