“…easons, to “construct a hypothetical comparator”, as, he says, it was required to do by the decision of this Court in Aylott v Stockton-on-Tees Borough Council [2010] EWCA Civ 910, [2010] ICR 1278. He says that if it had done so, applying section 23 of the Act, it would have appreciated that the correct comparison was with a Director who…”
“…rcumstances of this case, the ET might properly have found direct disability discrimination: he relied particularly on Aylott v Stockton-onTees Borough Council [2010] EWCA Civ 910 [[2010] ICR 1278].…”
“…In Stockton-on-Tees Borough Council v Aylott [2010] EWCA Civ 910; [2010] ICR 1278, the judgment of the EAT in Watts was cited with approval by Mummery LJ at para. 39. In that passage he said:…”