Consequences. Industry relations commentators have concluded that the Truman ruling, which essentially provides an example of the Malcolm ruling in an employment context, will make it a great deal harder for disability-related discrimination claimants to prove their case, and could even lead to fewer claims altogether. However, all agree that the ‘comparator’ principle established by the Malcolm ruling, and successfully applied in the recent Truman case, will need to be addressed more comprehensively within the government’s planned Equality Bill.
e of disability-related discrimination. On February 5, 2009 the Birmingham Employment Appeals Tribunal (EAT) denied the claim of disability-related discrimination brought forward by Mrs. Truman. Mrs. Truman had been working part-time at home for a number of years due to a back-related disability. She had previously applied for a height-adjustable desk to allow her to continue working in comfort from home, but a series of frustrations, including an administrational delivery date error, led her to shout at a female colleague on the phone, and allegedly use abusive vocabulary.
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