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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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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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