Expanding the Scope of Indirect Discrimination Claims: Implications for Employers
Overview of British Airways Plc v Rollett & Others [2024] EAT 131
The Employment Appeal Tribunal (EAT) delivered a landmark ruling on August 15, 2024, in the case of British Airways Plc v Rollett & Others [2024] EAT 131. This decision significantly broadened the scope of indirect discrimination under the Equality Act 2010.
Background of the Case
British Airways underwent a restructuring exercise that led to changes in work scheduling. These changes disproportionately affected two main groups of employees:
- Non-British Nationals Living Abroad:
They argued that the new schedules placed them at a substantial disadvantage compared to other employees.
- Female Employees with Childcare Responsibilities: They claimed that the scheduling changes made it more difficult to balance work and personal duties, amounting to indirect sex discrimination.
What made this case particularly noteworthy was that other employees, who did not share these protected characteristics, brought similar claims:
- A British National Living Abroad: Despite being a British national, she faced the same disadvantages as non-British nationals living abroad due to the new scheduling.
- A Male Employee with Childcare Responsibilities: He argued that the changes also adversely affected him, even though indirect sex discrimination traditionally focuses on disadvantages to female employees.
The Ruling
The Employment Tribunal initially ruled in favor of allowing these claims. Upon appeal, the EAT confirmed that under Section 19 of the Equality Act 2010, employees could bring indirect discrimination claims if they experience the same disadvantage as those who share a protected characteristic, even if they do not share that characteristic themselves.
This ruling sets a new precedent by emphasizing that the focus of indirect discrimination is on the disadvantage caused by a policy, rather than strictly on whether the claimant possesses the protected characteristic.
Implications for Employers
The decision in this case has significant ramifications for employers:
- Broader Evaluation of Policies: Employers must now consider the impact of their policies on all employees, not just those belonging to traditionally protected groups.
- Risk of Expanded Claims: There is an increased potential for indirect discrimination claims from employees who do not share the protected characteristic but are similarly disadvantaged by a policy.
- Fairness and Inclusivity: Employers should strive to ensure that workplace policies are fair and inclusive, minimizing any disproportionate negative effects on any group of employees.
Action Points for Employers
- Policy Review: Regularly review workplace policies and practices to identify any that might inadvertently disadvantage certain groups of employees.
- Impact Assessments:
Conduct thorough impact assessments when introducing new policies to understand their potential effects on all employee demographics.
- Consultation and Feedback: Engage with employees to gather feedback on policies, ensuring that concerns are heard and addressed proactively.
- Training and Awareness: Provide training for management and HR personnel on the expanded understanding of indirect discrimination to ensure compliance with the law.
Conclusion
The British Airways Plc v Rollett & Others ruling underscores the importance of focusing on the actual disadvantages caused by workplace policies. Employers are now obliged to be more vigilant in assessing the broader impacts of their decisions, ensuring equity and fairness for all employees, regardless of whether they possess a protected characteristic under the Equality Act 2010.
By proactively addressing these considerations, employers can foster a more inclusive work environment and mitigate the risk of indirect discrimination claims.
Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.
We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.
Disclaimer
The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.
This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.
02.10.24
