Mr M Hawkins v The Secretary of State for Justice At a Preliminary Hearing by CVP — 2021

Mr Hawkins presented claims of associative disability discrimination, harassment, age discrimination and breach of contract. This preliminary hearing did not hear evidence; it was conducted by video on 18 May 2021 and concerned the respondent's application to strike out the associative disability discrimination complaint, together with the existing disposal of the breach of contract claim. The tribunal recorded that the claimant remained employed by the respondent as an Administrative Officer, and that the disability relied on for this application was his wife's diabetes, ulcerative colitis and vascular dementia.

The respondent accepted, for the purpose of this application alone, that the claimant's wife was disabled on the basis of those conditions. It argued that sections 20 and 21 of the Equality Act 2010 do not impose a reasonable adjustment duty in favour of a non-disabled employee associated with a disabled person, relying on Hainsworth v Ministry of Defence, and invited the claimant either to withdraw the claim or face strike out under Rule 37. The claimant contended that Hainsworth was irrelevant and said adjustments were needed so that he could protect his disabled wife during the Covid-19 pandemic.

The tribunal held that Hainsworth was binding and applied to this case. It concluded that the reasonable adjustment provisions under sections 20 and 21 of the Equality Act 2010 protect only a disabled employee, and that Article 5 of the Framework Directive did not alter that position. The associative disability discrimination claim was therefore struck out as having no reasonable prospect of success. The breach of contract claim was recorded as withdrawn and dismissed, and the final hearing listed for 10 January 2022 was cancelled.