header-logo header-logo

Blame it on the dog

04 September 2008 / Spencer Keen
Issue: 7335 / Categories: Features , Discrimination
printer mail-detail

How has Malcolm redefined the test for disability related discrimination? Spencer Keen reports

In the recent case of London Borough of Lewisham v Malcolm [2008] UKHL 43 the House of Lords has radically changed the long established approach to disability-related discrimination under s 24(1) Disability Discrimination Act 1995 (DDA 1995) by overruling the long standing case of Clark v Novacold [1999] IRLR 318, [1999] 2 All ER 977. Although this was a housing decision it has important ramifications for employment law since DDA 1995, s 3A (1) (reason related to discrimination against employees) is identical to s 24(1).

The facts of Clark v Novacold and Malcolm

In Clark v Novacold Mr Clark was employed as a process operator by Novacold. After an injury at work he commenced sick leave. The company obtained medical reports which anticipated an improvement over 12 months but the medical opinions were unable to give an exact time for his return to work. Mr Clark was dismissed in January 1997. The reason given for the dismissal was that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll