Hainsworth v Ministry Of Defence (Disability Discrimination : Reasonable adjustments) [2013] UKEAT 0227_13_1607 (16 July 2013)

Hainsworth v Ministry Of Defence (Disability Discrimination : Reasonable adjustments) [2013] UKEAT 0227_13_1607 (16 July 2013)

Article 5 of Directive 2000/78/EC does not have direct effect to require reasonable adjustments for persons associated with an employee who are not themselves employed; the Equality Act 2010 does not permit such claims, and the statutory language is not sufficiently clear and precise to create such a right.

Citation
[2013] UKEAT 0227_13_1607
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
16 July 2013
Procedural Posture
Rule 3(10) Employment Appeal Tribunal Application / Appeal Against Employment Tribunal Decision
Outcome
Application disallowed
Legal Topics
Associative Discrimination, Reasonable Adjustments, Direct Effect of EU Directives
Employment Law Equality Law European Law Associative Discrimination Reasonable Adjustments Direct Effect of EU Directives

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Rule 3(10) Employment Appeal Tribunal Application / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether Article 5 of Directive 2000/78/EC has direct effect to require reasonable adjustments for persons associated with an employee but not themselves employed
  2. 2 Whether the Equality Act 2010 permits claims for reasonable adjustments by non-disabled employees for the benefit of associated disabled persons

Ratio Decidendi

Article 5 of Directive 2000/78/EC does not have direct effect to require reasonable adjustments for persons associated with an employee who are not themselves employed; the Equality Act 2010 does not permit such claims, and the statutory language is not sufficiently clear and precise to create such a right.

Court Disposition

Application disallowed

Orders

  • Ground 2 of appeal not permitted to proceed to full hearing
  • Grounds 1 and 3 remain stayed, subject to conciliation