EBR Attridge Law LLP & Anor v Coleman [2009] UKEAT 0071_09_3010 (30 October 2009)

EBR Attridge Law LLP & Anor v Coleman [2009] UKEAT 0071_09_3010 (30 October 2009)

The Disability Discrimination Act 1995, as amended, can be interpreted to cover associative discrimination in order to comply with the requirements of Council Directive 2000/78/EC, following the decision of the European Court of Justice and established principles of statutory interpretation in light of EU law.

Citation
[2009] UKEAT 0071_09_3010
Parties
First Appellant: EBR Attridge Law LLP (formerly Attridge Law); Second Appellant: Mr Steven Law; Respondent: Ms Coleman
Jurisdiction
United Kingdom
Judgment Date
30 October 2009
Procedural Posture
Employment Tribunal Appeal / Appeal Against Jurisdiction Decision
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Associative Discrimination, Interpretation of Domestic Law in Light of EU Directives
Employment Law Discrimination Law European Union Law Disability Discrimination Associative Discrimination Interpretation of Domestic Law in Light of EU Directives

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Parties

EBR Attridge Law LLP (formerly Attridge Law)

First Appellant

Mr Steven Law

Second Appellant

Ms Coleman

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Jurisdiction Decision

Legal Issues

  1. 1 Whether the Disability Discrimination Act 1995 can be interpreted to cover associative discrimination
  2. 2 Whether the Directive could affect interpretation of the Act prior to expiry of the implementation period

Ratio Decidendi

The Disability Discrimination Act 1995, as amended, can be interpreted to cover associative discrimination in order to comply with the requirements of Council Directive 2000/78/EC, following the decision of the European Court of Justice and established principles of statutory interpretation in light of EU law.

Court Disposition

Appeal dismissed

Orders

  • Case remitted to the Tribunal to consider the merits of the Claimant's substantive claim