EAT DISABILITY DISCRIMINATION: Disability related discrimination
The Claimant who is a disabled man claimed that his former employer discriminated against him on grounds of disability and the claim succeeded in front of the Employment Tribunal. So in identifying the appropriate comparator, it applied the test in Clark v Novacold [1999] ICR 951 which was not followed in the later decision of the House of Lords in London Borough of Lewisham v Malcolm [2008] 1 AC 1399, which was not an employment discrimination case. It was agreed by counsel that following the decisions of the Employment Appeal Tribunal in Child Support Agency v Truman [2009] IRLR 277 and in Stockton on Tees Borough Council v Aylott [2009] UKEAT0401/08/1103 that the case of Malcolm applied to employment discrimination cases and that this case had to be remitted to a different Employment Tribunal because the Employment Tribunal had selected the appropriate comparator on the wrong basis.
Citations:
[2009] UKEAT 0389 – 08 – 3103
Links:
Jurisdiction:
England and Wales
Citing:
Cited – London 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: 11 July 2022; Ref: scu.328009