Comments on: Equality bill to tackle Malcolm judgment http://nearlylegal.co.uk/blog/2008/12/equality-bill-to-tackle-malcolm-judgment/ Housing law news and comment Mon, 21 May 2012 14:36:47 +0000 hourly 1 http://wordpress.org/?v= By: chiefhttp://nearlylegal.co.uk/blog/2008/12/equality-bill-to-tackle-malcolm-judgment/#comment-2368 chief Fri, 06 Feb 2009 14:31:46 +0000 http://nearlylegal.co.uk/blog/?p=924#comment-2368 OT in as much as it relates to employment, but two EAT judgments have just popped up on BAILII confirming that <i>Malcolm</i> does apply to employment. <i>Countrywide Estate Agents v Rice</i> is actually from November (see http://www.bailii.org/uk/cases/UKEAT/2008/0392_08_2611.html). Para 34: "despite the fact that it [<i>Malcolm</i>] was a housing discrimination case, it is clear that it applies to employment matters as well. There is no dispute about that between Counsel and that is quite clearly the case. The remarks of the members of the House of Lords in the Malcolm case are equally applicable to employment law cases." In the second one, <i>CSA (Dudley) v Truman</i> Counsel for the Respondent argued valiantly that <i>Novacold</i> still applied to employment cases, but he was unsuccessful. See paras 16-23 at http://www.bailii.org/uk/cases/UKEAT/2009/0293_08_0502.html for the EAT's discussion on <i>Malcolm</i>. OT in as much as it relates to employment, but two EAT judgments have just popped up on BAILII confirming that Malcolm does apply to employment. Countrywide Estate Agents v Rice is actually from November (see http://www.bailii.org/uk/cases/UKEAT/2008/0392_08_2611.html). Para 34: “despite the fact that it [Malcolm] was a housing discrimination case, it is clear that it applies to employment matters as well. There is no dispute about that between Counsel and that is quite clearly the case. The remarks of the members of the House of Lords in the Malcolm case are equally applicable to employment law cases.”
In the second one, CSA (Dudley) v Truman Counsel for the Respondent argued valiantly that Novacold still applied to employment cases, but he was unsuccessful. See paras 16-23 at http://www.bailii.org/uk/cases/UKEAT/2009/0293_08_0502.html for the EAT’s discussion on Malcolm.

]]> By: Barrack Room Advice Serviceshttp://nearlylegal.co.uk/blog/2008/12/equality-bill-to-tackle-malcolm-judgment/#comment-2367 Barrack Room Advice Services Wed, 03 Dec 2008 15:55:28 +0000 http://nearlylegal.co.uk/blog/?p=924#comment-2367 @NL:I was a little bit more direct in an email to the ODI regarding the list of consultees and suggested that they should contact the Tenant Services Authority, Homes and Communities Agency, the National Housing Federation and The Chartered Institute of Housing (amongst others). In a response this afternoon they tell me ''...your comments regarding bodies we have not contacted are welcome and this is now being remedied.'' A small step, but one in the right direction. Next task is to try and get the Housing Association to engage with the consultation. @NL:I was a little bit more direct in an email to the ODI regarding the list of consultees and suggested that they should contact the Tenant Services Authority, Homes and Communities Agency, the National Housing Federation and The Chartered Institute of Housing (amongst others).

In a response this afternoon they tell me ”…your comments regarding bodies we have not contacted are welcome and this is now being remedied.”

A small step, but one in the right direction.

Next task is to try and get the Housing Association to engage with the consultation.

]]> By: NLhttp://nearlylegal.co.uk/blog/2008/12/equality-bill-to-tackle-malcolm-judgment/#comment-2366 NL Tue, 02 Dec 2008 19:09:42 +0000 http://nearlylegal.co.uk/blog/?p=924#comment-2366 @Barrack Room Advice Services: Very true, but then I suspect the housing aspect to be something of an afterthought, as it evidently was in the 1995 Act @Barrack Room Advice Services: Very true, but then I suspect the housing aspect to be something of an afterthought, as it evidently was in the 1995 Act

]]> By: Barrack Room Advice Serviceshttp://nearlylegal.co.uk/blog/2008/12/equality-bill-to-tackle-malcolm-judgment/#comment-2365 Barrack Room Advice Services Tue, 02 Dec 2008 18:50:05 +0000 http://nearlylegal.co.uk/blog/?p=924#comment-2365 The worrying aspect of the consultation document is the very limited list of consultees set out at the end of the document. Rather than any sort of meaningful consultation it appears to be aimed only at potential cheerleaders. No attempt to take the social housing sector along with the proposals. Little difficulties? Lots of them. The worrying aspect of the consultation document is the very limited list of consultees set out at the end of the document. Rather than any sort of meaningful consultation it appears to be aimed only at potential cheerleaders. No attempt to take the social housing sector along with the proposals.

Little difficulties? Lots of them.

]]> By: NLhttp://nearlylegal.co.uk/blog/2008/12/equality-bill-to-tackle-malcolm-judgment/#comment-2363 NL Mon, 01 Dec 2008 19:22:43 +0000 http://nearlylegal.co.uk/blog/?p=924#comment-2363 @chief: Ah but chief, you merely announced there was a consultation. You don't seriously expect us to read it to find out the juicy stuff do you. Oh wait, that is kind of the blog's job. Damn. @chief: Ah but chief, you merely announced there was a consultation. You don’t seriously expect us to read it to find out the juicy stuff do you.

Oh wait, that is kind of the blog’s job. Damn.

]]> By: chiefhttp://nearlylegal.co.uk/blog/2008/12/equality-bill-to-tackle-malcolm-judgment/#comment-2362 chief Mon, 01 Dec 2008 15:25:41 +0000 http://nearlylegal.co.uk/blog/?p=924#comment-2362 That'll teach me to hide the announcement in the comments to an old post below my ill-thought out ramblings on Lord Scott (http://nearlylegal.co.uk/blog/2008/06/comments-on-malcolm-in-the-lords/#comment-11112) ;-) That’ll teach me to hide the announcement in the comments to an old post below my ill-thought out ramblings on Lord Scott (http://nearlylegal.co.uk/blog/2008/06/comments-on-malcolm-in-the-lords/#comment-11112) ;-)

]]> By: DCS NEWS BLOGhttp://nearlylegal.co.uk/blog/2008/12/equality-bill-to-tackle-malcolm-judgment/#comment-2364 DCS NEWS BLOG Wed, 30 Nov -0001 00:00:00 +0000 http://nearlylegal.co.uk/blog/?p=924#comment-2364 <!--%kramer-pre%-->Equality bill to tackle Malcolm judgment<!--%kramer-post%--> links from TechnoratiEquality bill to tackle Malcolm judgment

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