Equality Act 2010


Deaf, hubby to Rachel, dad to Corey, Libby and Emily, Solicitor, Lecturer in Legal Practice at University of South Wales, PhD student at University of Leicester.

You may also like...

3 Responses

  1. Dafydd says:

    Please give more information about the Malcolm case.

  2. Rob says:

    Ok. To prove disability-related discrimination, you need to have either an actual or hypothetical comparator.

    So for example, in Malcolm, the claimant was a tenant with schizophrenia. He was evicted from his home by Lewisham Council for non-payment of rent and for subletting contrary to his tenancy agreement. He claimed disability-related discrimination on the basis that the eviction was discriminatory as they did not take into account his disability and that a hypothetical comparator would be a non-schizophrenic tenant.

    The House of Lords ruled that although the hypothetical comparator is a non-schizophrenic tenant, the comparator test stipulates that the comparator has to be in exactly the same position as the claimant i.e. a non-schizophrenic tenant who had not been paying and the rent and was subletting. As the Council would have evicted such a tenant in exactly the same circumstances, there was no discrimination.

    That meant disability-related discrimination became very difficult to claim in court or tribunal thereafter.

    Hope that helps?

  1. 10 October 2010

    […] Equality Act 2010 […]

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: