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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 as, or not materially different from, those of the disabled

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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