What is a comparitor in terms of the DDA?

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What is a comparitor in terms of the DDA?
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I am helping a disabled friend who has a disability discrimination case at an employment tribunal, the advocate for the respondents keeps pressing for a comparator. My friend the claimant holds that it would not matter who else was interviewed for the job of toilet cleaner he would not have been offered the job because the respondents had made their minds up that he was to disabled to do the job?

Any advice is welcome......We have problems getting legal advice, the DRC will not offer advice as the case has started, and we can not identify a suitable solicitor for advice.

old.holly265

I will apologise in advance for an answer that has to be a bit technical.

The issue of what was a comparator was thought to have been settled by the case of Clark -v- Novacold Ltd. You may have come across references to this case. If you have, they must now be disregarded as that decision has been overruled by the House of Lords.

The Tribunals are now having to work with the decision in Lewisham Borough Council -v- Malcolm. There's a link for this below. It's a housing case and the decision is quite long, but if you want to understand what is now meant by a comparator, it's the best source to go to. I've tried to find a handy summary, but have only found things that refer to the housing aspects.

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