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Disability discrimination: Redundancy assessment tainted by disability discrimination

This report relates to 1 case(s)

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    British Sugar plc v Kirker [1998] IRLR 624 EAT (1 other report)

    • DDA comparison

      1 November 1998

      In British Sugar plc v Kirker (28 July 1998) EOR82C, the EAT holds that a like-for-like comparison is not required under the Disability Discrimination Act 1995 to determine whether a disabled person has been less favourably treated for a reason relating to their disability.

A combination of past disability discrimination against a partially-sighted employee and his objectively unjustified assessment leading to his selection for redundancy entitled an employment tribunal to infer disability discrimination in that assessment, holds the EAT in British Sugar plc v Kirker [1998] IRLR 624. The tribunal was entitled to take into account the employee's treatment before the employment provisions of the Disability Discrimination Act 1995 came into force by way of background in order to determine whether or not old perceptions of his value as an employee, based on his disability, were carried through to the material assessment.