In a recent judgment the House of Lords have overhauled the approach to disability discrimination cases. They held that:- A person can only be liable for discrimination if they know that the individual is disabled.
A reason which relates to a person's disability must be construed narrowly so that, for example, if an employer dismisses an employee for being off sick for a year the reason for the termination of the employment is the absence from wok not a reason relating to the underlying disability itself.
The correct comparator is somebody to whom the underlying reason does apply, i.e. absence for a year, rather than a person who is not disabled.
It would appear then that this decision will make it much harder for a Claimant to succeed in a disability discrimination claim.
For those wishing to read the judgment in this complicated decision it is London Borough of Lewisham v Malcolm.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here