Disabiliity malcolm

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Slidecast examining Equality cases pre- and post-Malcolm, and also following the Equality Act 2010

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Disabiliity malcolm

  1. 1. Equality Act 2010 Disability
  2. 2. Lewisham V Malcolm 2008 <ul><li>Mr Malcolm had schizophrenia. </li></ul><ul><li>Sublet his flat without permission from Lewisham Borough Council. </li></ul><ul><li>Council sought repossession. </li></ul><ul><li>Malcolm’s defence was that actions were caused by his disability – Council were therefore discriminating. </li></ul>
  3. 3. Lewisham V Malcolm 2008 <ul><li>First, court ruled for Lewisham. </li></ul><ul><li>Then, appeal ruled for Malcolm. </li></ul><ul><li>Lewisham appealed to House of Lords. </li></ul>
  4. 4. Lewisham V Malcolm – Law Lords Judgement <ul><li>Schizophrenia was factor in behaviour. </li></ul><ul><li>Unrelated, however, to Council action. </li></ul><ul><li>Lords ruled for Lewisham. </li></ul><ul><li>Malcolm was evicted. </li></ul>
  5. 5. Comparators <ul><li>Comparators formed the basis for discrimination judgements. </li></ul><ul><li>Comparators are another person who does not share a protected characteristic. </li></ul>
  6. 6. Post-Malcolm <ul><li>Comparator chosen simply because they did not share the disability. </li></ul><ul><li>Discrimination judgements took no consideration of whether the action in question resulted from the disability. </li></ul>
  7. 7. Equality Act 2010 <ul><li>Test: Is the disabled person treated unfavourably because of something arising from the disability? </li></ul><ul><li>No comparator is needed. </li></ul>
  8. 8. Post Equality Act 2010 <ul><li>As of October 1 st 2010; </li></ul><ul><li>Organisation is responsible for ensuring unfavourable treatment is not a result of the disability. </li></ul>
  9. 9. Single Objective Justification Test <ul><li>Was the unfavourable treatment a proportionate means of achieving a legitimate aim? </li></ul>

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