s.19A EqA: Indirect Discrimination by Association

Authorities (6)

• 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 .

  Referred to: cited by 1 · cites 2 in this knowledge base

  Cited by

  • British Airways plc v Rollett 9 paras

  Cites

  • Homer v Chief Constable of West Yorkshire 2 paras
  • Nagarajan v London Regional Transport 1 para

  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.

• Follows v Nationwide Building Society [2021] IRLR 189 [judgment]
  Employment Judge M Emery, D Clay, G Bishop

  Discrimination; association; indirect discrimination by association (carer of disabled mother) is covered by the EqA. [Summary not yet checked against the judgment.]

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

  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 not yet checked against the judgment.]

  Referred to: cited by 1 in this knowledge base

  Cited by

  • Booth v Delstar International Ltd 2 paras

  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.

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

  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. [Summary not yet checked against the judgment.]

  Later history: later proceedings by Dobson v North Cumbria Integrated Care NHS Foundation Trust (2026)

  Later proceedings by Dobson v North Cumbria Integrated Care NHS Foundation Trust [2026] EAT 32 (2026-02-27)

  • Later proceedings On remission the tribunal found the PCP justified; the claimant's second appeal was dismissed [59]
  Treatment of earlier decisions: later proceedings Dobson v North Cumbria Integrated Care NHS Foundation Trust

  • Later proceedings Dobson v North Cumbria Integrated Care NHS Foundation Trust at [59]
• British Airways plc v Rollett [2024] EAT 131 [judgment]
  Eady J

  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).

  Referred to: cites 2 in this knowledge base

  Cites

  • Essop v Home Office 9 paras
  • Vodafone 2 v HMRC 6 paras

  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.

• 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, T. Von Danwitz, A. Kumin, I. Ziemele, S. Gervasoni, 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. [Summary not yet checked against the judgment.]