London Borough of Lewisham v Malcolm [2008] UKHL 43

Disability discrimination: Reduced ill-health pension was not unfavourable treatment

Paying an ill-health retirement pension based on an employee’s part-time final salary did not amount to discrimination arising from disability, report Nicola Ihnatowicz and Anna Scott ‘It seems that the tribunals will have to consider the issue of a reasonable worker’s views on whether they have been disadvantaged when dealing with complaints of discrimination arising …

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Disability Discrimination: An unfavourable finding

Sarah Lovell considers the impact of two recent cases on the meaning of ‘unfavourable’ treatment and identifying the correct provision, criterion or practice ‘Ultimately, any difference in the way that employment tribunals approach the question of “unfavourable treatment” and “detriment” is unlikely to have much impact on a practical level.’ Two recent cases on disability …

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Disability Discrimination: The importance of being reasonable

Melanie Lane and Dominic Holmes argue that it is more important than ever for employers to adopt a wide-ranging and flexible approach to reasonable adjustments ‘The way in which the duty inter-relates with other strands of disability discrimination law is likely to become an increasingly significant issue as case law develops.’ The Equality Act 2010 …

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