Disability discrimination – the comparator

Following on from the previous post, and the detailed discussions that took place in the comments to that post, I wanted to try to clarify for myself the key element of establishing discrimination, which hopefully may be of use for others. In particular, I want to address who is the comparator against whom the treatment […]

Equal Pay and Moral Dilemmas?

This story rumbles on, with several features in today’s Guardian, here, here, and here. The paper sees fit to pitch it as something of a moral dilemma, before finally plumping for one side. The terms of the ‘dilemma’ go something like this. Very large numbers of women, working for local authorities and schools, usually at […]

Stop Equal Pay Claims – EOC

I was, to put it demotically, gobsmacked by the content of a ‘warning’ from the Equal Opportunities Commission that the Employment Tribunal system is creaking under the weight of claims brought by those naughty ‘no win no fee’ solicitors. When they have exhausted the public sector, says Chair Jenny Watson, they will turn on the […]

Disability and tenancy – More on Malcolm

I posted on Lewisham v Malcolm ten days ago. Since then a couple of commentors have raised issues and Tessa has posted on the implications of the case at Landlord Law. So it seemed worth a further look. The caveat is that what follows is my understanding of the Judgment and so is entirely capable […]

Catching up – Disability Discrimination and possession

Time for some substantive law at last. I missed this one while I was on holiday and have just had it brought to my attention. LB Lewisham -v- Malcolm & Disability Rights Commission (Intervener) [2007] EWCA Civ 763. A very interesting case on the application of the Disability Discrimination Act 1995 to a possession case, […]