Disability Discrimination: The Need For Knowledge And The

Although not an employment case the recent House of Lords judgment in Mayor and Burgesses of the London Borough of Lewisham v Malcolm [2008] UKHL 43 will act as an important precedent in future discrimination cases. The case has established the need for discriminators to possess knowledge of the complainant's disability before incurring liability. Additionally it has redefined the way in which less favourable treatment towards disabled complainants is measured.

This case concerned a secure tenancy of which the tenant, Mr Malcolm, suffered from schizophrenia. Having omitted to take his prescribed medicine Mr Malcolm sublet the property and ceased to occupy contrary to his tenancy agreement. As a result he lost his right to security of tenure and then refused to give up his possession to the Council. Mr Malcolm claimed that his unauthorised actions were caused by his schizophrenia and that the