header-logo header-logo

16 June 2016 / Karen Jackson , Spencer Keen
Issue: 7703 / Categories: Features , Employment
printer mail-detail

Disabling discrimination

nlj_7703_keen

Spencer Keen & Karen Jackson consider discrimination arising in consequence of disability

 
  • How many links can be included in the chain of causation for disability discrimination claims under EqA 2010, s 15?
  • To what extent does the disability need to be the effective cause of the treatment?

The notion of discrimination against a disabled person “because of something arising in consequence” of disability was introduced by s 15 of the Equality Act 2010 (EqA 2010) in October 2010. Unusually, the explanatory notes to EqA 2010 make explicit reference to the legislature’s attempt to reverse the legal consequences of a decision of the House of Lords: that of London Borough of Lewisham v Malcolm [2008] UKHL 43, [2008] 4 All ER 525. The notes say that, following Malcolm, the equivalent provisions of the Disability Discrimination Act 1995 “no longer provided the degree of protection from disability-related discrimination that is intended for disabled people” and go on to explain that the new s 15 of EqA 2010 “is aimed at re-establishing an appropriate balance between enabling

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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll