The Employment Appeal Tribunal has confirmed in British Airways Plc v Rollett and others that there is a much wider scope for individuals to bring indirect discrimination claims than first thought.
The Equality Act 2010 initially provided that in order to bring an indirect discrimination claim, there must be:
Case law in the ECJ later established that the European law on which this element of the Equality Act was based did not require the individual bringing the claim to have the relevant protected characteristic, provided they were put at the same disadvantage as people who did have that protected characteristic.
The Equality Act 2010 was amended with effect from January 2024 to reflect this, and we now have an EAT decision in relation to matters that occurred prior to January 2024 that upholds this principle.
In response to the Covid pandemic, British Airways went through a restructuring exercise which involved scheduling changes. The multiple claimants asserted that the changes were to the substantial disadvantage of particular groups and were therefore indirectly discriminatory:
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