s.19A EqA: Indirect Discrimination by Association

Authorities (8)

• 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).

• 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.

• Essop v Home Office [2017] IRLR 558; [2017] UKSC 27 [judgment]
  Lady Hale, Deputy President; Lord Clarke; Lord Wilson; Lord Carnwath; Lord Hodge

  Indirect discrimination; the claimant need not prove *why* a PCP puts their group at a disadvantage, only that it *does*.

• 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.

• Ryan v South Western Ambulance Service NHS Trust [2021] ICR 555
  HHJ Eady QC

  Indirect discrimination; individual disadvantage; correspondence with group disadvantage. The EAT held that individual disadvantage suffered by the claimant must correspond to the group disadvantage, a claimant cannot succeed if the disadvantage they personally suffer is qualitatively different from the disadvantage suffered by the group sharing the relevant protected characteristic.

• Dobson v North Cumbria Integrated Care NHS Foundation Trust [2021] ICR 1699
  Choudhury P

  Indirect discrimination; group disadvantage; judicial notice. The EAT (Choudhury P) confirmed that group disadvantage need not be proved by statistical evidence alone, it may be established by statistical evidence, by inference, by the disadvantage being inherent in the PCP itself, or by judicial notice. It is well established by judicial notice that women are disproportionately represented among part-time workers, so a PCP penalising part-time working puts women at a particular disadvantage without further proof.

• 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).

• 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.