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Disability discrimination: Employees of associated employers do not count towards small businesses exemption threshold

This report relates to 1 case(s)

  • expand disabled

    Hardie v CD Northern Ltd [2000] IRLR 87 EAT (0 other reports)

In Hardie v C D Northern Ltd [2000] IRLR 87 and in Colt Group Ltd v Couchman 12.1.00 EAT 785/99, the EAT holds that the exemption of employers with fewer than 20 (now 15) employees from the employment provisions of the Disability Discrimination Act 1995 cannot be construed so as to include employees of associated employers. In the absence of any reference to associated employers in the Act, they are irrelevant for the purposes of the exemption. Further, the wording of the exemption is clear and does not lead to an absurdity, so that it is impermissible to refer to parliamentary materials when construing it.