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The way in which the Equality Act 2010 is drafted means that employers can be liable for “perceptive discrimination”. This ruling is the first time the Court of Appeal has considered this concept in the context of a perceived disability.

The respondents showed a complete lack of understanding from the beginning as to what was required and the result was a successful claim at ET and large compensation payment to Miss de Souza.

Unlike all other protected characteristics where someone needs to show that they have received ‘less favourable treatment’ women who are pregnant or on maternity leave need only to show that they have received “unfavourable treatment”. There is no need for comparison with others.

Sharon Coleman had a disabled son, Oliver, with bronchomalacia and congential laryngomalacia. She worked as a secretary for a small London law firm called Attridge Law (now rebranded EBR Attridge Solicitors LLP). They accused her of using her child as a way to manipulate requests for working time.