The Prince’s Trust v Donelan [2013] UKEAT 0107_12_1403

Posted In: Case Law
  • Case Reference
    UKEAT 0107_12_1403
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Discrimination and Equality
Issues covered: Disability Discrimination; comparators

The Trust appealed against the Employment Tribunal’s finding that the Claimant had been the victim of disability-related discrimination and harassment. The Trust’s principal ground of appeal was that the Tribunal had misdirected itself when applying London Borough of Lewisham v Malcolm [2008] 1 AC 1399 on the need for a comparator under the Disability Discrimination Act 1995.

The EAT held that the Tribunal had indeed failed to consider the position of a hypothetical comparator. Consequently, the appeal would be allowed. The EAT concurred, at paragraph 26, with the Trust’s view that “… the

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This article is correct at 07/06/2013
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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