Unrelated Detriment was no Discrimination
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make reasonable adjustments.
Held: The authority’s appeal succeeded. Mr Malcolm has not been the subject of unlawful discrimination because Lewisham’s reason for claiming possession did not relate to his disability and he was not treated less favourably than someone without that disability. The Act assumed a knowledge of the fact of the disability – this was not a tort of strict liability – and it had also not been shown that they had known of the tenant’s schizophrenia.
Lord Bingham of Cornhill, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury
[2008] UKHL 43, Times 26-Jun-2008, (2008) IRLR 70, [2008] 1 AC 1399, [2008] 3 WLR 194, [2008] 2 P and CR 18, [2008] 26 EG 117, [2008] 4 All ER 525, [2008] NPC 76, (2008) 11 CCL Rep 573, [2008] L and TR 29, (2008) 102 BMLR 170, [2008] BLGR 549, [2008] HLR 41
Bailii, HL
sability Discrimination Act 1995 22(3)(c) 24(1)
England and Wales
Citing:
Appeal From – London Borough of Lewisham v Malcolm and Disability Rights Commission CA 25-Jul-2007
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the . .
Cited – Regina v Home Secretary, ex parte Sivakumaran HL 16-Dec-1987
The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the . .
Cited – Sepet and Bulbil v Secretary of State for the Home Department HL 20-Mar-2003
The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey.
Held: The concept of ‘persecution’ was central. It is necessary to . .
Cited – H J Heinz Co Ltd v Kenrick EAT 3-Dec-1999
EAT Disability Discrimination – Compensation. . .
Cited – Rowden v Dutton Gregory Solictors EAT 17-Dec-2001
EAT Disability Discrimination – Disability
EAT Disability Discrimination – Disability. . .
Cited – Taylor v OCS Group Ltd CA 31-May-2006
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior . .
Cited – Clark v TDG Limited (Trading As Novacold) CA 25-Mar-1999
The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear . .
Approved – Richmond Court (Swansea) Ltd v Williams CA 14-Dec-2006
Section 24 of the 1995 Act requires the court ‘(i) to identify the treatment of the disabled person that is alleged to constitute discrimination, (ii) to identify the reason for that treatment, (iii) to determine whether the reason relates to the . .
Cited – London Borough of Hammersmith and Fulham v Farnsworth EAT 15-Jun-2000
EAT Disability Discrimination – Compensation . .
Cited – Council of the City of Manchester v Romano, Samariz CA 1-Jul-2004
The authority sought to evict their tenant on the ground that he was behaving in a way which was a nuisance to neighbours. The tenant was disabled, and claimed discrimination.
Held: In secure tenancies, the authority had to consider the . .
Cited – S v Floyd, Equality and Human Rights Commission CA 18-Mar-2008
The court considered the relationship between the two Acts. The assured tenant had fallen into arrears, and was subject to an order for possession. He claimed that his disability required the court not to make an order for possession against her, . .
Cited by:
Cited – Dundee City Council v Malcolm EAT 25-Jul-2008
EAT SEX DISCRIMINATION: Vicarious liability
Sexual harassment claim by an employee of an education authority. Circumstances in which tribunal had misdirected itself as to its own prior judgment and erred in . .
Cited – Stafford and Rural Homes Ltd and Another v Hughes EAT 9-Mar-2009
EAT DISABILITY DISCRIMINATION: Reasonable adjustments
Effect of Malcolm: on the facts of the case the decision in Malcolm did not make any difference to the conclusion. There is no requirement in law to set . .
Cited – Stockton on Tees Borough Council v Aylott EAT 11-Mar-2009
EAT JURISDICTIONAL POINTS
Extension of time: just and equitable
2002 Act and pre-action requirements
DISABILITY DISCRIMINATION
Disability related discrimination
Direct disability . .
Cited – McClenaghan v Antrim Borough Council NIIT 21-Aug-2008
. .
Cited – Mitchell v Seagate Technology Ireland NIIT 22-Sep-2008
. .
Cited – Palmer v The Social Security Agency NIIT 11-Nov-2008
. .
Cited – Countrywide Estate Agents (Unlimited) and Another v Rice EAT 26-Nov-2008
EAT DISABILITY DISCRIMINATION
Disability related discrimination
Direct disability discrimination
The Employment Tribunal confused the relevant tests for disability discrimination under s.3A of . .
Cited – Holdsworth v Right Price Carpets NIIT 19-Dec-2008
. .
Cited – Hose Express Thurrock Ltd v Jacomb EAT 31-Mar-2009
EAT DISABILITY DISCRIMINATION: Disability related discrimination
The Claimant who is a disabled man claimed that his former employer discriminated against him on grounds of disability and the claim succeeded . .
Cited – Carter v London Underground Ltd and Another EAT 8-May-2009
EAT DISABILITY DISCRIMINATION – Disability related discrimination
JURISDICTIONAL POINTS – Extension of time: just and equitable
UNFAIR DISMISSAL – Reasonableness of dismissal
Employee dismissed . .
Cited – Miller v The Ridings High School EAT 24-Sep-2008
EAT CONSTRUCTIVE UNFAIR DISMISSAL
DISABILITY DISCRIMINATION
Direct disability discrimination/Disability related discrimination/ Reasonable adjustments
The Claimant claimed constructive unfair . .
Cited – Child Support Agency (Dudley) v Truman EAT 5-Feb-2009
EAT DISABILITY DISCRIMINATION: Disability related discrimination / Compensation
Whether the Novacold comparator in cases of disability-related discrimination must be replaced in employment cases by the . .
Cited – Chondol v Liverpool City Council EAT 11-Feb-2009
EAT RELIGION OR BELIEF DISCRIMINATION
Social worker dismissed on charges which included inappropriate promotion of his religious beliefs and arranging a visit to his home by a service user in a manner which . .
Cited – Servier Laboratories Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence and others Admn 19-Feb-2009
The claimant challenged the failure of the defendant to list its drug strontium ranelate for prescription within the UK. They said that NICE failed to act fairly and with transparency by their failure to supply or disclose to Servier and the other . .
Cited – N, Regina (on the Application of) v London Borough of Barking and Dagenham Independent Appeal Panel CA 24-Feb-2009
The case of Malcolm has overruled Novacold. Toulson LJ said: ‘In Malcolm the House of Lords was concerned with the construction of the same phrase in Part III of the Act. It overruled the decision in Clark v Novacold and held that the proper . .
Cited – Cheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .
Cited – Barber v London Borough of Croydon CA 11-Feb-2010
The tenant who suffered learning and behavioural difficulties appealed against an order for possession of his council flat. He had become aggressive with the caretaker. The council sought possession, and he defended the claim saying that the council . .
Cited – Thomas-Ashley v Drum Housing Association Ltd CA 17-Mar-2010
The tenant had been ordered to leave her flat. She had kept a dog in breach of her tenancy agreement. The landlord had terminated the assured shorthold tenancy by a section 21 notice. She said that they had failed to make reasonable adjustments to . .
Cited – J v DLA Piper UK Llp EAT 15-Jun-2010
EAT DISABILITY DISCRIMINATION – Disability
Job offer to Claimant withdrawn allegedly as a result of her disclosing a history of depression – On a preliminary issue Tribunal holds that at the material time . .
Cited – Brill v Interactive Business Communications Ltd CA 9-Dec-2010
The claimant had issued proceedings for unfair dismissal, but his appeal against refusal of permission to amend his claim to allow a claim for disability discrimination had succeeded at the EAT. At the time when the claim had been made, the law . .
Cited – Ward v The Secretary of State for Work and Pensions (Disability Discrimination : Disability Related Discrimination) EAT 17-May-2013
EAT Disability related discrimination
Direct disability discrimination
Claim for disability discrimination and unfair dismissal. Employment Tribunal upheld one claim of a failure to make reasonable . .
Cited – Akerman-Livingstone v Aster Communities Ltd SC 11-Mar-2015
Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether . .
Cited – Hotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
Cited – Williams v The Trustees of Swansea University Pension and Assurance Scheme and Another SC 17-Dec-2018
The appellant complained of disability discrimination. He retired early suffering Tourette’s syndrome. He had worked part time, and the parties now disputed his pension entitlements.
Held: The appeal failed. . .
Lists of cited by and citing cases may be incomplete.
Housing, Discrimination
Leading Case
Updated: 31 December 2021; Ref: scu.270387
