EAT confirmation that Malcolm applies in the Employment context

Today the EAT handed down it's decision in The Child Support Agency (Dudley) v Truman.

This was the first time that the EAT had considered the question of appropriate comparators since the House of Lords judgment in London Borough of Lewisham v Malcolm.

The EAT confirmed that Malcolm did apply in the context of employment and that the Novacold comparator no longer applies in disability-related cases.

Mark Williams represented the successful appellant.