Aitken v Commissioner of Police of the Metropolis - disability discrimination: disability must be actual and not just perceived

The EAT has confirmed that (1) under current law conduct complained of in a disability discrimination claim must relate to an actual, and not a ‘perceived’, disability; (2) it is the individual’s disability that is to be “stripped out” when ascertaining a comparator, and not other circumstances (such as, in this case, the employee’s bad behaviour); and (3) when considering reasonable adjustments it was correct to take into account that a police officer should not present a danger to the public or colleagues.

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