Employment law cases

London Borough of Lewisham v Malcolm [2008] IRLR 700 HL

Reports relating to this case:

  • Disability discrimination: House of Lords overturns Clark v Novacold

    Date:
    29 September 2008

    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.