Martina Murphy and Jessica Franklin published in DLA Briefings Vol 84

Martina Murphy and Jessica Franklin have been published in the Discrimination Law Association Briefings paper dissecting the case of British Airways Plc v Rollett & Others [2024] EAT 131.

Martina Murphy’s and Jessica Franklin’s article titled ‘A new class of claimant in discrimination law’ was included in the DLA March 2025 Briefing Paper (Volume 84, 1113-1126) following the decision of the EAT in British Airways Plc v Rollett & Others (where they acted for the claimants).

The claimants, who numbered 49 at the time of the original preliminary hearing, were Heathrow-based cabin crew. Their claims arose out of restructuring and scheduling changes undertaken by BA in response to the Covid-19 pandemic. The claimants alleged that the scheduling changes put those (predominantly non British nationals) who lived abroad and commuted to Heathrow from abroad, at a particular disadvantage compared to those who commuted from within the UK.

The EAT dismissed BA’s appeal, holding that the ET made no error of law in concluding that it had jurisdiction to consider indirect discrimination claims under s19 EA.

Martina and Jessica note that, “Claimants can rely on Rollett to bring ‘same disadvantage’ claims for indirect discrimination where the cause of action arose before January 1, 2024. From that date onwards, the supremacy of EU law (and therefore claimants’ ability to rely on CHEZ) has been removed by the Retained EU Law (Revocation and Reform) Act 2023…As lawyers become familiar with s19A EA, we are likely to see many more of these claims and creative ways of bringing them.”

Read their full case comment here.

Find out more

Martina has a broad employment, commercial and equality law practice including the areas of whistleblowing and discrimination. She is regularly instructed in complex trials in the Employment Tribunal with weighty documentary and oral evidence. She is ranked as a leading Employment junior in both Chambers and Partners and the Legal 500 for her advocacy, advisory and investigative skills.

Jessica was junior counsel for the successful claimants in British Airways plc v Rollett & Others [2024] IRLR 891, in which the Employment Appeal Tribunal found that it had jurisdiction to hear claims brought under s19 Equality Act by claimants who do not themselves have protected characteristics. This type of claim is now preserved in s19A Equality Act. Jessica is very happy to advise on S19A claims and this novel area of the law.

To find out more about Martina and Jessica, contact Nick Levett +44 (0)20 7427 4908 or Mark Gardner +44 (0)20 7427 4909 for a confidential discussion.

External Publications, News 3 Apr, 2025