Equality Act 2010

Rob

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.

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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 […]

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