Rollett v British Airways & Others [2024] EAT 131

In brief

The EAT held that a claimant can bring an indirect discrimination claim under s.19 EA2010 even where they do not personally possess the relevant protected characteristic, provided the provision, criterion or practice (PCP) puts them at the same disadvantage as the group that does share that characteristic. This opens a 'same disadvantage' route to indirect discrimination — a person excluded by a PCP that disproportionately affects a protected group can challenge it even if they are not a member of that group. The case concerned cabin crew uniform requirements but the principle has wide application across protected characteristics including sex and gender reassignment.

Key provisions

• holding-1 — s.19 EA2010 indirect discrimination claims can be brought by claimants who do not share the relevant protected characteristic: Section 19 EA2010 indirect discrimination claims can be brought by claimants who do not personally share the relevant protected characteristic, provided they suffer the same disadvantage as the affected group.
• holding-2 — The 'same disadvantage' test: the claimant must show the PCP puts them at the same disadvantage as the group sharing the protected characteristic: The "same disadvantage" test: the claimant must show the PCP puts them at the same disadvantage as the group sharing the protected characteristic.
• holding-3 — This creates a new route for challenging policies that have disproportionate impact, beyond the traditional group membership requirement: Creates a new route for challenging policies with disproportionate impact, extending beyond the traditional requirement of group membership to anyone suffering the same disadvantage.
• Applies across all protected characteristics — not limited to sex: The ruling applies across all protected characteristics — it is not limited to sex or gender reassignment but establishes a general principle of indirect discrimination law.

When relevant

Indirect discrimination analysis, policy review, and EqIA assessment. Relevant when organisations apply a blanket PCP (e.g. uniform rules, facilities rules, eligibility criteria) that disadvantages people who share a protected characteristic — Rollett means individuals outside that group who suffer the same disadvantage can also challenge the PCP. Particularly relevant to proportionality assessments where the pool of affected individuals is broader than the protected group itself.