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12 February 2016 / David Mitchell
Issue: 7686 / Categories: Features , Employment
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Collateral damage

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David Mitchell examines the implications of extending associative discrimination in the Chez case

Last July the Grand Chamber of the European Court of Justice (CJEU) handed down judgment in CHEZ Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatsia: C-83/14 [2015] All ER (EC) 1083. According to the CJEU, it was possible to construe Art 2(2)(b) of the Race Equality Directive 2000/43/EC which protects against indirect discrimination, as also protecting against “associative” indirect discrimination, thereby extending the principle of associative discrimination established in Coleman v Attridge Law C-303/06 [2008] All ER (EC) 1105. This article will consider the extent to which the concept of associative discrimination set out in Coleman was extended by Chez and what implications this might have for domestic law in the UK.

To recap, in Coleman the CJEU interpreted the EC Framework Employment Directive 2000/78 purposively, in order to permit Ms Coleman to bring claims of disability discrimination against her employer. While Ms Coleman was not herself a disabled person, she was the carer of her disabled son and her complaint

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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