Mitigating Malcolm

James Medhurst | News
29 May 2009

The barristers’ chambers Cloisters is publicising the case of Fareham College v Walters, in which it was held that an employer who dismisses an employee, having failed to make reasonable adjustments, is liable for disability discrimination. This gives a new angle for claimants who are prevented by Lewisham v Malcolm from arguing that a dismissal constitutes disability-related discrimination. The result is not all that surprising as it seems to flow from the reasoning of the Lords in Archibald v Fife but I have no doubt I will have more to say when the judgment appears on the Employment Appeal Tribunal website.

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