Just a short note to say goodbye and good riddance to Malcolm (follow the link to my seminar notes for more detail on the House of Lords decision in Malcolm):
I have just had a brief scan of the new Equality Bill. It tidies up a few things and brings some much needed consistency across the various types of actionable discrimination. For all the detail go here:
I think I might have a look at some of these proposals next month; for the moment I thought I would briefly outline a few of the more important disability related changes:
- The Bill proposes that the comparator ‘for reason relating to discrimination’ revert back to the Clark v Novacold comparator.
- The Bill removes the list of capacities from the definition of disability although it is likely that they will still prove useful in guiding tribunals.
- The threshold that gives rise to the duty to make reasonable adjustments for disabled people in other areas has now been brought in line with the ‘substantial disadvantage’ test laid down in the employment provisions.
All in all a pretty good outcome for the disabled rights campaigners and more importantly those with disabilities both in and out of employment. My one concern is when, or perhaps if, this Bill is going to make it onto the statute book.
Peter D
PS I am really sorry about the strap line at the top - much as I have tried to summon up the will to get rid of it it makes me smile.........
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