''Clark v TDG Ltd (t/a Novacold Ltd)''
999 999 or triple nine most often refers to:
* 999 (emergency telephone number), a telephone number for the emergency services in several countries
* 999 (number), an integer
* AD 999, a year
* 999 BC, a year
Books
* ''999'' (anthology) or ''999: ...
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
Sir John Frank Mummery, Deputy Lieutenant, DL (born 5 September 1938) is a former Lord Justice of Appeal and is President of the Investigatory Powers Tribunal and a member of the Court of Ecclesiastical Causes Reserved in the UK.
Education
Mumm ...
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
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
was a case concerning disability discrimination and the application of equality legislation in the United Kingdom, relevant for UK labour law. It replaced the head of disability-related discrimination from the DDA 1995 with the Equality Act 20 ...
''
008 008, OO8, O08, or 0O8 may refer to:
* The Streetwear Brand @008us , inspired by Ian Fleming & Virgil Abloh
*"030", the fictional 030 Agent of MI6
* '' 038: Operation Exterminate'', a 1965 Italian action film
* '' Explosivo 030'' a 1940 Argentine c ...
UKHL 43,
008 008, OO8, O08, or 0O8 may refer to:
* The Streetwear Brand @008us , inspired by Ian Fleming & Virgil Abloh
*"030", the fictional 030 Agent of MI6
* '' 038: Operation Exterminate'', a 1965 Italian action film
* '' Explosivo 030'' a 1940 Argentine c ...
IRLR 700 expressly disapproved the decision though Baroness Hale dissented.
See also
*
UK employment discrimination law
*
UK labour law
*
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...
Notes
External links
TDG Novacold's address
{{DEFAULTSORT:Clark v TDG Ltd (t a Novacold Ltd)
United Kingdom labour case law
United Kingdom equality case law
Court of Appeal (England and Wales) cases
1999 in case law
1999 in British law