Disability Discrimination Comparators
by Liam
Those of you who attended the PJH Law Annual Employment Law Update last week will have heard Philip talk about the case of London Borough of Lewisham v Malcolm which was a House of Lords case that dealt with identifying the correct comparator in Disability Discrimination claims. The case was not in an employment context. It involved a tenant who had been evicted from a council property. The tenant claimed the reason for the eviction was his disability and the House of Lords had to consider the correct comparator.
The EAT have decided in The Child Support Agency (Dudley) v Truman that the decision about comparators in Malcolm does apply in the Employment arena.
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