Clark v. TDG Ltd (t/a Novacold Ltd)
- Clark v. TDG Ltd (t/a Novacold Ltd)
"Clark v. TDG Ltd (t/a Novacold Ltd)" [1999] IRLR 318 is a UK labour law case concerning the Disability Discrimination Act 1995
Facts
Mr Clark was injured at work (a frozen food warehouse in Hull). He was then dismissed when an orthopaedic doctor said he did not know when he would be able to start again.
Judgment
Mummery LJ said the DDA drew no direct/indirect discrimination distinction, and a justification defence is always available. The comparator was someone who was not disabled, and could do the work. It certainly was discrimination, but on the question of justiciation, no attention had been paid to the Code of Practice.
ubsequent developments
Some of the comments in this case are no longer good law. Since Directive 2000/78/EC, there has been an amendment to the Disability Discrimination Act so that a direct/indirect distinction is introduced, and the language of the Act clarified.
ee also
*UK employment discrimination law
*UK labour law
*Human Rights Act 1998
Notes
External links
* [http://www.hotfroguk.co.uk/Companies/T-D-G-Novacold TDG Novacold's address]
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