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The Employment Appeal Tribunal also agreed with this ruling. However the court of appeal have now confirmed, to take such a narrow approach misses the point of the protection the Disability Discrimination Act as the act was intended to cover the consequences of and the perception of disability (Thompson law website, 1999)...
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The test in this case would be to compare the treatment the disabled employee received with someone else who is not disabled. By comparing the treatment of Mr Clarke to someone else it is clear to see that the employers had acted reasonably. If another employee had been off sick for 5 months then they would have been dismissed as well (Thompson law website, 1999)...
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