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Posted 24th July 2008 at 12:04pm by David McRae:

Disability Discrimination - Identifying a Comparator

Update 31 - The House of Lords overrules the Court of Appeal.

The House of Lords has radically altered the hitherto well-established approach to assessing whether an employee has been discriminated against because of their disability. The case, although actually concerned with housing law, has very significant implications for employers of disabled people.

For the first time, their Lordships considered the issue of how to properly identify whether a disabled person has been treated less favourably than someone who is not disabled. In all areas of discrimination law.

 

For more about this please see Gillian Cumming's article.

Disability Discrimination - Identifying a Comparator
More from David McRae on this Subject:
David McRae
Disability Discrimination - The Net Widens

Do you have any employees suffering from MS, Cancer or HIV? If so be aware that these individuals are now likely to fall within the scope of the DDA and therefore you must consider the question of reasonable adjustments in respect of these employees’ jobs.



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