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Aitken v The Commissioner of Police of the Metropolis - DDA claim was rightly dismissed by tribunal and EAT

Court of Appeal upholds EAT ruling that (1) under previous 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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