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.
Judgmentedit
Mummery LJ said that the DDA drew no distinction between direct and indirect discrimination, and a justification defence is always available. The comparator was someone who was not disabled and could do the work. There certainly was discrimination, but on the question of justification, no attention had been paid to the Code of Practice.
Significanceedit
Some of the comments in thiecase are no longer good law. Since Directive 2000/78/EC, there has been an amendment to the Disability Discrimination Act so that a distinction between direct and indirect discrimination was introduced, and the language of the Act clarified.
Lewisham LBC v Malcolm and EHRC [2008] UKHL 43, [2008] IRLR 700 expressly disapproved the decision though Baroness Hale dissented.
clark, novacold, 1999, irlr, labour, case, concerning, disability, discrimination, 1995, contents, facts, judgment, significance, also, notes, external, linksfacts, editmr, clark, injured, work, frozen, food, warehouse, hull, then, dismissed, when, orthopaedic. Clark v TDG Ltd t a Novacold Ltd 1999 IRLR 318 is a UK labour law case concerning the Disability Discrimination Act 1995 Contents 1 Facts 2 Judgment 3 Significance 4 See also 5 Notes 6 External linksFacts editMr 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 editMummery LJ said that the DDA drew no distinction between direct and indirect discrimination and a justification defence is always available The comparator was someone who was not disabled and could do the work There certainly was discrimination but on the question of justification no attention had been paid to the Code of Practice Significance editSome of the comments in thiecase are no longer good law Since Directive 2000 78 EC there has been an amendment to the Disability Discrimination Act so that a distinction between direct and indirect discrimination was introduced and the language of the Act clarified Lewisham LBC v Malcolm and EHRC 2008 UKHL 43 2008 IRLR 700 expressly disapproved the decision though Baroness Hale dissented See also editUK employment discrimination law UK labour law Human Rights Act 1998Notes editExternal links editTDG Novacold s address Retrieved from https en wikipedia org w index php title Clark v TDG Ltd amp oldid 1148836934, wikipedia, wiki, book, books, library,
