HR Alert - New Approach to Disability Discrimination

On 26 June the House of Lords handed down its decision in the disability discrimination case of London Borough of Lewisham v Malcolm. The facts concerned the rights of a tenant yet the decision looks set to have a huge impact on employment cases. The claimant Mr Malcolm suffered from a mental health disability. He had a tenancy with Lewisham Council. In breach of the terms of the tenancy he had let out the property to a third party. The Council had sought possession of the property from Mr Malcolm. He claimed that the reason he had let it out was connected to his mental health condition and that repossessing the property would amount to less favourable treatment contrary to the Disability Discrimination Act.

 

Read the rest of the HR Alert - New Approach to Disability Discrimination produced by the Employment Group.