View source for Stockton On Tees Borough Council v Aylott (2009) UKEAT 0401/08/1103

''The decision in Malcolm on the correct comparator in disability-related discrimination cases also applies to employment cases.''

==ICLR==
{{ICLR|Stockton On Tees Borough Council v Aylott (2009) UKEAT 0401/08/1103}}

==Summary from judgment==
<b>JURISDICTIONAL POINTS

Extension of time: just and equitable

2002 Act and pre-action requirements

DISABILITY DISCRIMINATION

Disability related discrimination

Direct disability discrimination

Reasonable adjustments

Exclusions/jurisdictions

VICTIMISATION DISCRIMINATION: Detriment

HARASSMENT: Conduct</b>

This case raises issues of legal and practical importance for discrimination cases. It is one of a number of cases in which the Employment Appeal Tribunal is considering whether the judgment in [[London Borough of Lewisham v Malcolm (2008) UKHL 43]] [2008] IRLR 700 on the correct comparator in disability related discrimination cases applies to employment cases and in effect overrules Clark v Novacold Ltd [1999] IRLR 318. In this case the Employment Appeal Tribunal holds that the Employment Tribunal erred in failing to apply Malcolm.

The Employment Tribunal erred in finding direct discrimination by simply finding that the employers had a 'stereotypical' view of disabled persons.

Comments on the need for Tribunals to identify in discrimination cases the complaints which are justiciable and are subject to the statutory conditions relating to limitation periods and statutory grievances, and those which are relied on as evidence of such complaints.

The complaints under the [[Disability Discrimination Act 1995]] are remitted to an Employment Tribunal.

==External link==
{{#bailii:[2009] UKEAT 0401_08_1103}}

[[Category:Disability discrimination]]
[[Category:Brief summary]]
[[Category:Transcript]]
[[Category:2009 cases]]