The Equality and Human Rights Commission (EHRC) has helped claimants against British Airways (BA) win a landmark tribunal case.
The case affirms the legality of protection from indirect associative discrimination, which is now contained in Section 19A of the Equality Act 2010.
Indirect associative discrimination means that a policy which discriminates against a protected group, such as women because they are more likely to be carers, also discriminates against those who aren’t part of that protected group but experience the same disadvantage. In this example, that would be men who are carers.
The claimants in the case, 38 former members of cabin crew for British Airways who are seeking damages worth £515m, are challenging changes the airline made to their employment terms and conditions in 2020.
These changes, including less predictable working patterns and shorter periods at home between shifts, are alleged to be discriminatory. For example, they may discriminate against people with caring responsibilities who need to know whether they will be home or not so they can make alternative caring arrangements.
BA’s arguments against protection from indirect associative discrimination were countered by the claimants, with support from the EHRC. The UK Government also intervened in the case to ask for BA’s appeal to be dismissed.
The Judge agreed with the equality watchdog and dismissed BA’s appeal. Had it been successful, it could have paved the way for a direct challenge to the legality of Section 19A.
Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said:
“We welcome the judgment in this case which dismisses BA’s appeal.
“The protections from indirect associative discrimination afforded by Section 19A of the Equality Act are important, and it’s right that we challenge any legal action which could weaken them.
“As Britain’s equality regulator, we will always use our powers to uphold the rights of people to be protected from discrimination.”
