Labour & European Law Review
26 August 2015
As a result of changes the government is making to the National Minimum Wage (NMW), the Low Pay Commission is asking for views on existing rates and the potential impact of the National Living Wage.
Although direct discrimination by association is outlawed under the Race Equality Directive, the Court of Justice of the European Union (CJEU) has for the first time made clear in CHEZ Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatsia and Nikolova that indirect discrimination by association is also against the law.
The Equality Act refers both to the term “less favourable treatment” and the word “detriment”. In Trustees of Swansea University Pension & Assurance Scheme and anor v Williams, the Employment Appeal Tribunal (EAT) held that the tribunal was wrong to equate the meaning of “unfavourable” with the concept of “detriment” in a discrimination claim for unfavourable treatment in consequence of something arising from a disability.