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. [Summary not yet checked against the judgment.]
Discrimination; association; indirect discrimination by association (carer of disabled mother) is covered by the EqA. [Summary not yet checked against the judgment.]
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).
Cites
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Discrimination; respondent; individual employees/agents can be personally liable for discrimination alongside the employer.
Cites
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
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. [Summary not yet checked against the judgment.]