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Mayor and Burgesses of the London Borough of Lewisham v Malcolm - the long established approach to comparators in disability discrimination cases is wrong - House of Lords 25.6.08

This case concerns disability discrimination in the field of landlord and tenant but the behaviour prohibited (evicting or subjecting to detriment a disabled tenant) and the relevant wording mirror the employment law provisions. The detailed facts of the case are of little interest to employment lawyers - suffice to say that the Court of Appeal concluded that Lewisham had discriminated against its tenant Mr Malcolm. He was disabled with schizophrenia and (as a result) had moved out and, contrary to the terms of his tenancy, had sublet his Council flat.

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