Disability discrimination: Disability discrimination does not require like-with-like comparison
This report relates to 1 case(s)
-
expand
Clark v TDG Ltd t/a Novacold [1999] IRLR 318 CA (2 other reports)
The definition of "less favourable treatment" in the Disability Discrimination Act 1995 does not require a comparison of the cases of different persons in the same, or not materially different, circumstances, holds the Court of Appeal in Clark v TDG Ltd (t/a Novacold) [1999] IRLR 318. The relevant statutory provisions focus on the "reason" for the treatment of the disabled person; and the comparison to be made is with the treatment of "others to whom that reason does not or would not apply".