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Discrimination.......... by Association

Discussion in 'Keeping it Legal' started by EmployEasily Legal Services, Oct 17, 2010.

  1. EmployEasily Legal Services

    EmployEasily Legal Services EmployEasily Legal Services

    October 1 2010 saw a number of changes to employment legislation come into force, not least the rise to the national minimum wage and the introduction of the new Equality Act but there is one element of the new Equality Act that is causing some confusion and much concern amongst many Employers and that is............Discrimination by association.

    Discrimination by association is a new form of discrimination which, courtesy of the new Equality Act, has now been given statutory backing.

    So what does it mean? Well in simple terms, any person may now be eligible to bring a claim even though they themselves do not possess the protected characteristic, but are associated to someone who does.

    In the case of Coleman v Attridge Law and Steve Law, Ms Coleman, who cared for her severely disabled son brought a claim against her former employers. Ms Coleman claimed that she was criticised for taking time off and accused of using her son's disability to her own advantage, which created a hostile working environment and ultimately resulted in her being disciplined.

    In this case, the Employment Tribunal referred the case to the European Court of Justice (ECJ) and it was the Advocate General's opinion that direct discrimination and harassment on the grounds of association with disabled people is unlawful but at the time this wasn't a legally binding decision, however with the introduction of the new Equality Act Discrimination by Association now has a statutory backing in domestic law.

    Things Employers need to consider:

    Are your company's equal opportunities policies fit for purpose?

    They may need to be reviewed to expressly refer to discrimination by association.

    Is your flexible working policy clear and transparent?

    Extra care should be taken when handling flexible working requests from carers of elderly or disabled people because if you are seen to be treating them less fairly than another employee whose circumstances aren't materially different (eg. childcare) you could find yourself on the wrong side of this legislation and facing a costly employment tribunal claim.

    Getting professional advice when it comes to the complexity of uk employment law is always a good idea and can help ensure your business is properly protected and able to prevent costly employment related problems.
    Businessman likes this.
  2. Mike Lewis

    Mike Lewis Member

    Thanks for posting that. I imagine I wouldn't never have known about it otherwise.

  3. MarkB

    MarkB Administrator Staff Member

    Employing people is a legal mind field - surely your accountants/solicitors would be able to help? Added cost I know but surely well worth it in the long term?
  4. EmployEasily Legal Services

    EmployEasily Legal Services EmployEasily Legal Services

    Absolutely right Mark, and since we made the original post the legislative landscape in employment law has changed considerably, including the laws around flexible working.

    A free, no obligation consultation with employment law and HR specialists is an effective way of preventing problems and protecting your business!
    Businessman likes this.
  5. selfemployed

    selfemployed Super Moderator

    I have been involved in businesses in the past which employed others and while I used to wonder what HR departments actually did, I now know! Employment law is a minefield and a full time job keeping up with the changes and ensuring that you abide by them. I may be a little biased but there is FAR TOO MUCH red tape.
    Businessman likes this.