Same Disadvantage

Martina Murphy successful in the EAT – claims for ‘same disadvantage’ indirect discrimination could be brought under s.19 EqA 2010

Martina Murphy successfully represented the Claimants in ‘British Airways Plc v Rollett & Others, Minister for Women and Equalities intervening’; claims for ‘same disadvantage’ indirect discrimination could be brought under s.19 EqA 2010. The President of the EAT, Mrs Justice Eady, has dismissed BA’s appeal and held that indirect discrimination under section 19 Equality Act 2010 allows a claim by someone who does not have the protected characteristic of the disadvantaged group but suffers the same disadvantage. The Respondent (BA) appealed the Employment Tribunal’s finding that it had jurisdiction to hear ‘associative’ indirect discrimination claims under s19 EqA 2010. The EAT considered the CJEU’s judgment in CHEZ Razpredelenie Bulgaria AD v Komisia za zashita ot discriminatsia (Case C-83/14) [2015] IRLR 746 (‘CHEZ’).…

News 21 Aug, 2024