Latest case reports added to HR & Compliance Centre

We provide a round-up of case reports added to HR & Compliance Centre this week, covering: comparators in disability-related discrimination cases; and disability discrimination and the duty to make reasonable adjustments. 

• Disability discrimination: Narrow comparator approved in Malcolm applies in employment context In Child Support Agency (Dudley) v Truman [2009] IRLR 277 EAT, the EAT held that the correct comparator for the purposes of disability-related discrimination in the employment context is a person in comparable circumstances without the relevant disability. (Employment Review)
• Disability discrimination: Correct interpretation of the exemption from reasonable adjustments duty In Eastern and Coastal Kent PCT v Jocelyn Grey EAT/0454/08, the EAT held that, when considering the exemption from the duty to make reasonable adjustments, the tribunal must ask itself not only whether or not the employer knew, or ought to have known, of the person's disability, but also whether or not the employer knew, or ought to have known, that the person was likely to be disadvantaged because of this disability. (Employment Review)

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