British Airways PLC v B Rollett & Ors

British Airways PLC v B Rollett & Ors

Section 19 Equality Act 2010 must be interpreted to allow claims of indirect discrimination by claimants who suffer the same disadvantage as the protected group, even if they do not share the protected characteristic, as this interpretation is consistent with the legislative purpose and does not go against the grain of the Act.

Parties
Appellant: British Airways PLC; Respondents: Mr B Rollett and Others; Intervener: Minister for Women and Equalities
Jurisdiction
England and Wales
Judgment Date
15 August 2024
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Indirect Discrimination, Equality Act 2010, Interpretation of Domestic Law With EU Law, Associative Discrimination, Section 19 Equality Act, Section 19 a Equality Act
Employment Law Equality and Discrimination Indirect Discrimination Equality Act 2010 Interpretation of Domestic Law With EU Law Associative Discrimination Section 19 Equality Act Section 19 a Equality Act

Case Brief

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Parties

British Airways PLC

Appellant

Mr B Rollett and Others

Respondents

Minister for Women and Equalities

Intervener

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether section 19 Equality Act 2010 can be interpreted to allow claims of indirect discrimination by claimants who do not share the protected characteristic of the disadvantaged group but suffer the same disadvantage
  2. 2 Whether such interpretation is consistent with the legislative scheme or constitutes impermissible judicial amendment

Ratio Decidendi

Section 19 Equality Act 2010 must be interpreted to allow claims of indirect discrimination by claimants who suffer the same disadvantage as the protected group, even if they do not share the protected characteristic, as this interpretation is consistent with the legislative purpose and does not go against the grain of the Act.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Parties to provide agreed or written submissions on the precise wording to be implied into section 19 EqA within 14 days of judgment.