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 correct comparator is an individual who like the Claimant has expressed a desire to return to work in
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
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.