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Disability discrimination: Disability discrimination does not require like-with-like comparison

This report relates to 1 case(s)

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    Clark v TDG Ltd t/a Novacold [1999] IRLR 318 CA (2 other reports)

    • Disability discrimination update (2)

      Date:
      29 December 2006

      This article, the second in a two-part series on disability discrimination, looks at some of the recent key disability discrimination judgments.

    • DDA comparison

      Date:
      1 May 1999

      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.

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".