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07 May 2009 / Helena Davies , Naomi Feinstein
Issue: 7368 / Categories: Features , Discrimination , Employment
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An uncertain prognosis

The new concept of indirect disability discrimination is set to cause confusion, say Naomi Feinstein & Helena Davies

The government's recent announcement that it intends to extend the Disability Discrimination Act 2005 (DDA 2005) to incorporate, for the first time, the concept of indirect discrimination, has caused considerable controversy. The concern is that this would make DDA 2005 even more difficult to work with than it is at present.

Currently, DDA 2005 is constructed in a very different way to the other discrimination strands. There are three types of discrimination:

      
      ●     Direct discrimination.

      
      ●     Disability-related discrimination: where the individual has been treated less favourably than other people to whom that disability-related reason does not apply. Disability-related discrimination can be justified if the reason for the treatment is “material and substantial”. It is generally acknowledged that this is not a particularly onerous test.

      
      ●     Failure to comply with a duty to make reasonable adjustments.

Problems caused by Malcolm

The House of Lords' judgment last year in

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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