Leader magazineASCL - Association of School and College Leaders

Associated discrimination applies to all


The decision of the European Court of Justice that people caring for disabled persons could claim discrimination 'related to' disability, even if not themselves disabled (Coleman v Attridge Law), applied immediately to public authorities. However, an employment tribunal, not unexpectedly, has now ruled that the law should apply to private employers as well. This means that independent schools as well as maintained schools, including academies, are liable if they discriminate against the carer of a disabled person. This 'associative discrimination' extends beyond disability and will apply to all forms of discrimination. An attack on an individual because of a relationship with an older/ younger person, with someone who is gay/ lesbian, or of a certain race or religion may lead to action. Life has become more complicated.

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