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ARTICLE · 12 OCTOBER 2015

Has Your Company Been Discriminated Against?

We tend to think of discrimination as an individual's cause of action.

United KingdomEmployment and HR

We tend to think of discrimination as an individual's cause of action. The recent case of EAD Solicitors v Abrams [2015] reminds us that this is not always the case. Companies can also bring claims for discrimination under the Equality Act.

In the Abrams case the Employment Appeal Tribunal (EAT) was asked to rule on the question of whether a limited company can bring a claim that it has been directly discriminated against where it suffers detrimental treatment because of the protected characteristic of someone with whom it is associated.

The EAT's answer is that a limited company can bring such a claim.

In a concise judgment, Mr Justice Langstaff gave his view that the anti-discrimination law is always likely to be focused upon an individual and his/her reaction to the insult of discrimination. However, the wording of the Equality Act does not restrict potential claimants to individuals alone and there are policy reasons why companies require protection from

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