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Andrew Allen successful in disability discrimination claim in the Court of Appeal


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Andrew Allen successfully resisted an appeal in the Court of Appeal handed down today in a case where a sickness absence dismissal took place before the resolution of a late grievance. Lady Justice Simler’s judgment rejected the argument that a PCP applies to every act of unfair treatment of a particular employee. She held that to test whether the PCP is discriminatory or not it must be capable of being applied to others because the comparison of disadvantage caused by it has to be made by reference to a comparator to whom the alleged PCP would also apply.

The full judgement can be read here.

Andrew Allen was instructed by Eversheds Sutherland LLP. Andrew’s employment and discrimination practice encompasses TUPE, contractual disputes, discrimination – including within partnerships, equal pay, restrictive covenants, unfair dismissal, redundancy, working time, minimum wage, breach of contract, parental and carer’s rights, remuneration and bonuses. He has significant experience of professional negligence claims relating to providers of legal services, trade unions and other employment advisers. To find out more about Andrew, please contact Nick Levett (+44 (0)20 7427 4908) or or Adam Macdonald (+44 (0)20 7427 4906).


Barristers: Andrew Allen
Categories: News