Disability discrimination

Award of Disability Living Allowance not determinative of being ‘disabled’

In many instances someone who is receiving Disability Living Allowance or, for that matter, other incapacity-related benefits, might also fall within the definition of a ‘disabled’ person under the Disability Discrimination Act – but not always.

Hill v Clacton Family Trust Ltd
 

Disability discrimination by association

C, a legal secretary for a firm of solicitors, claimed direct disability discrimination and harassment on the grounds of the disablity of her son, for whom she is the primary carer. C herself is not disabled.

EBR Attridge Law v Coleman
 

Correct comparator for DDA purposes

This House of Lords decision, although not an employment case (it concerned housing), is significant for disability discrimination law because the provisions it considered are identical to the employment provisions in the Disability Discrimination Act (DDA). M, a schizophrenic, was evicted when he unlawfully sublet his flat. He claimed this related to his disability and was unlawful.

London Borough of Lewisham v Malcolm
 


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