Disability Discrimination Act, Protecting Our Members' Rights

Lesbian, Gay, Bisexual and Trans members of the FBU note with concern the recent decision by the House of Lords in the case of Malcolm v London Borough of Lewisham. The case involved an interpretation of less favourable treatment with regards to the protection afforded under the Disability Discrimination Act 2005 (DDA). Although the case did not mention employment, it has had major implications for employment law as it cuts to the definition of 'less favourable treatment' within the meaning of the legislation. Recently a member diagnosed with HIV took their employer to an employment tribunal as a result of the application of sickness and absence monitoring and the threat of disciplinary action for time off through sickness and treatment directly attributable to their HIV condition. As a result of the application of the interpretation of the DDA with the Malcolm case, our member was left without the vital protection that the DDA was intended to provide. The implications of this new legal interpretation have far reaching consequences, not only for our members, but members of all unions. Conference calls on the General Secretary to consult with our solicitors on how best to challenge the legal interpretation of the Malcolm case. As this matter concerns members of all trade unions, we also call on the General Secretary to raise this matter with the TUC General Council with a view to joint funding for any necessary legal challenge.