Source: IRS Employment Review Issue: 906 Date: 29/09/2008 Publisher: IRS

Disability discrimination: House of Lords overturns Clark v Novacold

TOPICS:
equal opportunities disability

CASES: below is a list of cases discussed in this article. Click the case title for more XpertHR resources on the case and related cases.

London Borough of Lewisham v Malcolm [2008] IRLR 700 HL (3 reports)


In London Borough of Lewisham v Malcolm [2008] IRLR 700, the House of Lords held that the comparator for the purposes of disability-related discrimination should be construed narrowly, contrary to the Court of Appeal ruling in Clark v TDG t/a Novacold. It also held that disability discrimination cannot be established unless the alleged discriminator knew that the complainant was disabled.

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