2 weeks ago
Discrimination with a limited company as the victim
A fascinating development in terms of the Equality Act has been published by the Appeal Tribunal.
In short, a partner gave up his partnership and instead made a limited company a partner in the partnership. He did this for tax reasons, supplying his services through the limited company. In short, the limited company became a partner.
When he was 62, the partnership tried to retire him by ejecting the limited company and he brought a claim through the limited company for age discrimination.
The partnership argued that they could not discriminate against a limited company. The Tribunal disagreed. So, it is possible to discriminate against a limited company because of the protected characteristic of one of its main shareholders/directors.
The implications of this could significant, not only for people supplying their services through a vehicle such as a limited company, but also where companies fail to get contracts or engagement because of a protected characteristic such as race, gender, age or disability.
Read the case for yourself at the following link: