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Discrimination by Association
Recent cases have suggested that this idea - that someone can be discriminated against, not because of their own characteristics, but those of someone with whom they are associated - will be of increasing importance in discrimination law in future. The UK courts will shortly be considering how the European Court decision in Coleman v Attridge Law will extend this idea to age and other discrimination jurisdictions and the Government will have to take account of this decision in its current Review of Discrimination Law. We look at the implications of this decision for employers.
The Government is reviewing UK Discrimination legislation and proposing a single Equality Bill to draw together all 6 current discrimination jurisdictions. As part of that review, the publicly expressed views of the former Disability Rights Commission and others may mean that the powers of Tribunals may be extended to enable them to make wider 'orders' against employers. The DRC's concern was to ensure that discriminatory practices are actually changed as a result of the tribunal's judgement - as opposed to only rewarding victims financially. How does this affect the DDA duty to make reasonable adjustments? We'll look at the issues for employers.
The Dispute Resolution Regulations (which introduced Statutory Dismissal and Grievance Procedures) have been a dismal failure in reducing claims to the Employment Tribunal - so the Government is scrapping them. We'll look at what is proposed in their place and examine the resulting issues for employing organisations.
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