Home » Website updates May to June 2024

Website updates May to June 2024

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Last updated 13th June, 2024.

Bodis v Lindfield

In Bodis v Lindfield the EAT held that under s.15 EqA, unfavourable treatment can be “because of” something arising from the disability even though the something is only a minor component of the reason for the unfavourable treatment, provided it is “significant” so as to be an “effective cause”. S.15 could apply even though the main reasons for dismissing the claimant in this case were not disability-related.

Also updated on this: Discrimination arising from disability (s.15 Equality Act)>”Because of…”: Need not be the only reason for the unfavourable treatment.

Labour’s plans for disability equality law

Labour’s plans for disability equality law outlines changes relevant to disability discrimination under the Equality Act which Labour propose to make if they win the July 2024 election.

Liability for agent under s.109 EqA

Added Anderson v CAE Crewing, 2024, where the EAT accepted that someone may be an agent (for whose acts the principal is liable under the EqA) even if they are an independent contractor. Thus the test for vicarious liability in tort as set out in Various claimants v Barclays did not apply.

When is a “volunteer” within the EqA?

Added Groom v Maritime and Coastguard Agency, 2024, where the EAT held that so-called volunteers for the Coastguard Rescue Service were workers (as having a contract to personally perform services) at least so far as the relevant activity entitled them to an hourly rate of pay. The EAT left open the position for other activities. The case was not on the EqA, but should also mean the claimant would be within the EqA.

Examples of jobs

Added to Examples of jobs done by people who stammer/ stutter:

Remainder of REUL Act taking effect from October 2024

S.6 Retained EU Law Act 2023 is to take effect from 1st October 2024, under SI 714/2024. S.6 includes provisions on when higher courts in the UK can depart from EU Court decisions, which may encourage higher courts to depart from EU case law more often, potentially reducing protection under the EqA and creating greater uncertainty. S.6 also includes new mechanisms to refer to higher courts questions of whether to depart from EU Court decisions, which may create delays. See Retained EU Law Act 2023>Easier for UK higher courts to override EU cases, and referral system.

Also later amended to include link to The role of the courts regarding assimilated law from October 2024 (eurelationslaw.com, June 2024.

Old EU cases on meaning of “disability”

My pages on Ring v Dansk almennyttigt Boligselskab and Chacón Navas v Eurest Colectividades SA updated to reflect the fact that the EqA has been amended (from January 2024) to take account of the EU court’s definition of disability.

Also Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust updated to include uncertainty after Brexit.

20th anniversary of stammeringlaw, 1999-2019