How far does associative discrimination extend beyond direct discrimination and harassment?
By Russell Holland and Russell Bailey
This article considers the impact of the recent decision of the Court of Appeal in Hainsworth v Ministry of Defence  EWCA Civ 763 and highlights an employment tribunal decision where it has been held that associative discrimination extends to claims of victimisation.
In Coleman v Attridge Law  IRLR 722, following a reference from the London South Employment Tribunal, the Court of Justice of the European Union held that an employee, who was not himself disabled but was the principal carer for his disabled child, could bring a claim for direct discrimination or for harassment if the reason for the discriminatory treatment or the harassment was the disability of the child.
The Equality Act 2010 now expressly provides for associative discrimination as a cause of action for direct discrimination and harassment in relation to protected characteristics. This article considers the extent to which associative discrimination might extend beyond direct discrimination and harassment…
Click on the link below to read the rest of the No5 Chambers briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from No5 Chambers
News from The Lawyer
Briefings from No5 Chambers
$5m suit may succeed if fans can prove boxer failed to disclose an injury.
There’s less Employment Tribunal advocacy work around now, but one area developing fast is investigations.