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14 August 2009 / Richard Oulton
Issue: 7382 / Categories: Features , Tribunals , Discrimination , Employment
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When is a clone not a clone?

In Stockton on Tees Borough Council v Aylott [2009] IRLR 548, the Employment Appeal Tribunal (EAT) has given further confirmation that the restrictive test for disability-related discrimination laid down by the House of Lords in London Borough of Lewisham v Malcolm [2008] 4 All ER 525 applies equally to the employment field. No surprises there then.

The greater significance of the case lies in the fact that it is the first decision of the EAT since High Quality Lifestyles v Watts [2006] 850, [2006] All ER (D) 216 (Apr) in which any guidance has been given on the comparative test to be applied in cases of direct disability discrimination.
 

The statutory comparison

The Disability Discrimination Act 1995, s 3A(5) provides that a person directly discriminates against a disabled person if, on the ground of the disabled person’s disability, he treats the disabled person less favourably than he treats or would treat a person not having that particular disability whose relevant circumstances, including his abilities, are the same

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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