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Employee awarded almost £90,000 for associative discrimination
Employees are protected under Equality Act 2010 from being treated less favourably because of a disability (section 13 Equality Act 2010). The disability doesn’t have to be the employee’s disability. It can be the disability of another person. If an employer treats an employee less favourably because of the disability of another person (normally, but not necessarily, someone ‘associated’ with the employee), this will be direct disability discrimination – known as ‘associative discrimination’.
In the recent case of Graham v Gravity Supply Chain Solutions and another, the employment tribunal held that Mr Graham had been directly discriminated against because of the disability of his wife, who had been diagnosed with cancer. Mr Graham told his boss about his wife’s diagnosis. He later went off sick. His employer failed to pay him the full sick pay he was entitled to under his contract of employment, blocked his access to work email systems and proposed to demote him. The employer later dismissed him.
The tribunal found Mr Graham had proved facts from which it could conclude his wife’s disability was a material and significant reason for his employer’s actions. The three detriments and the dismissal all flowed from the employer’s underlying perception about what her disability meant to the business. The claims succeeded and Mr Graham was awarded almost £90,000 in compensation.
This case is a reminder of the ‘reach’ of certain discrimination claims. Employers should take a step back and consider whether their actions might be tainted by discrimination in all cases.