Indirect discrimination; the claimant need not prove why a PCP puts their group at a disadvantage, only that it does .
“Direct discrimination expressly requires a causal link between the less favourable treatment and the protected characteristic. Indirect discrimination does not. Instead it requires a causal link between the PCP and the particular disadvantage suffered by the group and the individual.”Lady Hale, at [25]
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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; association; indirect discrimination by association (carer of disabled mother) is covered by the EqA. [Summary checked against a practitioner text, not the judgment.]
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. [Summary checked against a practitioner text, not the judgment.]
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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.
Indirect discrimination; group disadvantage; judicial notice. The EAT (Choudhury P) held that group disadvantage can be established in several ways: by statistical or other tangible evidence, by inference from particular disadvantage in the individual case, by the disadvantage being inherent in the PCP, or by matters of which judicial notice should be taken. The absence of statistical evidence should not usually lead to the claim being rejected at the outset. The tribunal erred in failing to take judicial notice of the 'childcare disparity': women bear the greater burden of childcare than men, which can limit their ability to work certain hours. A claimant's own disadvantage will not always establish group disadvantage. [Summary checked against a practitioner text, not 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.
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.]