The Prince’s Trust v Donelan  UKEAT 0107_12_1403Posted in: Case Law
Case ReferenceUKEAT 0107_12_1403
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionDiscrimination and Equality
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  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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