Disability discrimination: Identification of disabled person's comparator
This report relates to 1 case(s)
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Clark v Novacold Ltd [1998] IRLR 420 EAT (2 other reports)
The treatment of a disabled person who was dismissed because he was unable to perform all his contractual duties should have been compared with that of a person who was unable to fulfil all the requirements of his job for a reason other than disability, holds the EAT in Clark v Novacold Ltd 22.5.98 EAT 1284/97. That approach is more soundly based, and produces less difficulty in practice, than a comparison between the treatment of the disabled person and that of a person who is able to do his or her job. However, it might be the case that no comparator is required, because the very reason for the treatment is due to disability.