In Aylott v Stockton-on-Tees Borough Council [2010] EWCA Civ 910, the Court of Appeal confirmed that the House of Lord’s decision in the housing case of Lewisham Borough Council v Malcolm [2008] UKHL 43 about the correct comparator in disability-related discrimination claims also applied to employment cases.
The Malcolm case overruled the Court of Appeal’s decision in the employment case of Clark v Novacold Ltd [1999] IRLR 318.
Comment: The practical implications of the Aylott case are very limited because s. 15 of the Equality Act 2010 (EA) will resurrect the Novacold case and nullify the Malcolm case. Section 15 of the EA 2010 is expected to come into force on 1 October 2010.
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