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Disability discrimination: House of Lords overturns Clark v Novacold

This report relates to 1 case(s)

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.