DDA comparison
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Clark v TDG Ltd t/a Novacold [1999] IRLR 318 CA (2 other reports)
In Clark v TDG Ltd (trading as Novacold) (25 March 1999) EOR85A, the Court of Appeal has clarified the law as to the comparison to be made so as to determine whether a disabled person has been treated less favourably for a reason which related to his or her disability than others to whom that reason did not apply. In the case of an employee absent from work for a disability-related reason, the correct comparison is with the treatment of employees who are not absent, rather than with an employee absent for the same time for a reason unrelated to disability.
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