Clark v TDG Ltd (t/a Novacold Ltd) [1999] IRLR 318 is a UK labour law case concerning the Disability Discrimination Act 1995.
[1] Mr Clark was injured at work (a frozen food warehouse in Hull).
[2] Mummery LJ said that the DDA drew no distinction between direct and indirect discrimination, and a justification defence is always available.
There certainly was discrimination, but on the question of justification, no attention had been paid to the Code of Practice.
In Lewisham LBC v Malcolm and EHRC, the House of Lords expressly disapproved the decision (with Baroness Hale dissenting).