Discrimination by Association

Authorities (7)

• Coleman v Attridge Law [2008] IRLR 722 [judgment]
  V. Skouris (President), P. Jann, C.W.A. Timmermans, A. Rosas, K. Lenaerts, A. Tizzano (Presidents of Chambers), M. Ilešič, J. Klučka, A. Ó Caoimh (Rapporteur), T. von Danwitz, and A. Arabadjiev (Judges)

  Disability; association; protection against discrimination extends to employees who care for a disabled person (e.g. a child).

• Hainsworth v Ministry of Defence [2014] EWCA Civ 763
  Laws LJ, with whom Tomlinson and Briggs LJJ agreed

  Reasonable adjustments; association. The duty to make reasonable adjustments under section 20 of the Equality Act 2010, and Article 5 of the Framework Directive read in light of it, extends only to disabled employees and applicants, not to a non-disabled employee whose associated disabled person would benefit. The mother of a disabled daughter could not require a transfer to the United Kingdom for her daughter's educational needs. The direct discrimination protection in Coleman does not carry over to the adjustments duty, which concerns accommodation for disabled persons themselves. Pre-dates GL v AB SpA (C-38/24), where the Court of Justice extended Article 5 to carers under EU law: the literal words of the Equality Act remain the domestic position.

• CHEZ Razpredelenie Bulgaria AD v Komisia [2015] IRLR 746 [judgment]
  K. Lenaerts (Vice-President, acting as President), A. Tizzano, R. Silva de Lapuerta, M. Ilešič, S. Rodin and K. Jürimäe (Presidents of Chambers), A. Rosas, E. Juhász, J. Malenovský, D. Šváby, A. Prechal (Rapporteur), F. Biltgen and C. Lycourgos (Judges)

  Discrimination; associative; the principle of non-discrimination extends to persons 'associated' with the protected group.

• Follows v Nationwide Building Society [2021] IRLR 189 [judgment]
  Employment Judge Mr M Emery, Mr D Clay, Mr G Bishop

  Discrimination; association; indirect discrimination by association (carer of disabled mother) is covered by the EqA.

• British Airways plc v Rollett [2024] EAT 131 [judgment]
  Mrs Justice Eady (President)

  Indirect discrimination; s.19 Equality Act allows a claimant *without* the protected characteristic to claim if they suffer the same disadvantage as those who do ('same disadvantage' test).

• Baldwin v Cleves School [2024] EAT 66 [judgment]
  Michael Ford KC (Deputy High Court Judge)

  Discrimination; respondent; individual employees/agents can be personally liable for discrimination alongside the employer.

• GL v AB SpA Case C-38/24, ECLI:EU:C:2025:690 (Court of Justice of the European Union, First Chamber, 11 September 2025) (reference for a preliminary ruling from the Corte suprema di cassazione) [judgment]
  F. Biltgen (President of the Chamber), T. von Danwitz (Rapporteur), A. Kumin, I. Ziemele and S. Gervasoni (Judges); AG A. Rantos

  Disability; indirect discrimination by association. The prohibition of indirect discrimination under the Framework Directive applies to an employee who is disadvantaged because of the assistance that person provides to a disabled child for whom that person is the primary carer. The Article 5 duty of reasonable accommodation extends to such an employee, subject to a disproportionate burden on the employer. The first ruling of the Court of Justice on indirect discrimination by association, extending Coleman from direct to indirect. Not binding on UK courts and tribunals, but they may have regard to it in interpreting the Equality Act 2010.