A disability discrimination claim under the DDA must be for actual not perceived disability

Aitken v. The Commissioner of Police of The Metropolis [2010] UKEAT 0226_09_2106

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24/06/2010

  • A complaint made under DDA must relate to actual not perceived disability.
  • Where a statutory comparison is to determine a claim of less favourable treatment any bad behaviour will not to be 'stripped out'.
  • When assessing reasonable adjustments the need for a police officer not to seem to present a danger to colleagues or to the public may be taken into account by a tribunal.
  • The judgment considered Coleman v Attridge Law [2008] ICR 1128, EBR Attridge LLP v Coleman [2010] ICR 242 and English v Thomas Sanderson Blinds Ltd [2009] IRLR 206 and applied London Borough of Lewisham v Malcolm [2008] IRLR 700.
The transcript of this case follows:-  

Aitken v. The Commissioner of Police of The Metropolis [2010] UKEAT 0226_09_2106


Abroad      Agency      Appeals (ET)      Closed_Procedure      Compensation      Constuctive_Dismissal      Contract      Costs      Discrimination      Age Discrimination      Disability Discrimination      Race Discrimination      Religious Discrimination      Sex Discrimination      Sexual Orientation Discrimination      Discipline      Dispute_Resolution      Employer_Liability      Employment Status      Equal Pay      Harassment and Bullying At Work      Tribunal Hearing      Holidays and Holiday Pay      Employer Negotiations      Part-Time      Pay      Pensions      Palestine      Employment Tribunal Procedure      Restricted_Reporting_Orders      Sanctions      Sickness      Tribunal Settlement and Compromise Agreements      Time_Limits      Tupe      Unfair and Wrongful Dismissal      Union      Victimisation      Whistleblowing     


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