header-logo header-logo

Blame it on the dog

04 September 2008 / Spencer Keen
Issue: 7335 / Categories: Features , Discrimination
printer mail-detail

How has Malcolm redefined the test for disability related discrimination? Spencer Keen reports

In the recent case of London Borough of Lewisham v Malcolm [2008] UKHL 43 the House of Lords has radically changed the long established approach to disability-related discrimination under s 24(1) Disability Discrimination Act 1995 (DDA 1995) by overruling the long standing case of Clark v Novacold [1999] IRLR 318, [1999] 2 All ER 977. Although this was a housing decision it has important ramifications for employment law since DDA 1995, s 3A (1) (reason related to discrimination against employees) is identical to s 24(1).

The facts of Clark v Novacold and Malcolm

In Clark v Novacold Mr Clark was employed as a process operator by Novacold. After an injury at work he commenced sick leave. The company obtained medical reports which anticipated an improvement over 12 months but the medical opinions were unable to give an exact time for his return to work. Mr Clark was dismissed in January 1997. The reason given for the dismissal was that he was unable to work.

In Malcolm the London Borough

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll