Peter Hungerford-Welch, associate dean, The City Law School, City University London. W www.city.ac.uk/law
The narrower comparator favoured by the majority in Malcolm v Lewisham LBC [2008] UKHL 43, [2008] 1 AC 1399, in disability-related discrimination claims in the housing context, applies equally in the employment context. The wider comparator used in Clark v TDG Ltd (t/a Novacold Ltd) [1999] 2 All ER 977 should no longer apply (unless and until the legislation is further amended).
