Personal and material scope

• Author: Vickers, Lucy
• Pages: 27-35

27

3 PERSONAL AND MATERIAL SCOPE

3.1 Personal scope

3.1.1 EU and non-EU natio nals (Rec ital 13 and Article 3( 2), Directive 2000/43

and Recital 12 and Article 3(2), Directive 2000/78)

In the UK, there are no residence or citizenship/nationality requirements for protection

under the relevant national laws transposing the directives.63

The protection of the directives applies to people on grounds of nationality, but does n ot

cover irregular migration status. Discrimination against irregular migrants on other

grounds such as race would be covered.

3.1.2 Natural and legal persons (Recital 16, Directive 2000/43 )

a) Protection against discrimination

In the UK, the personal scope of anti-discrimination law generally covers legal and natural

persons for the purpose of protection against discrimination. In relation to the Equality Act

it has been confirmed th at companies are protected as legal persons. 64 For NI judicial

interpretation would be required.

In the case of disability discrimination, although there is no express exclusion of legal

persons from protection against disability discrimination, protection under the EqA and (in

NI) the DDA is provided to ‘a disabled person’, which, on the basis of the statutory

definition, will always be a natural person.

b) Liability for discrimination

In the UK, the personal scope of anti-discrimination law covers all natural and legal persons

for the purpose of liability for discrimination.

There has never been any doubt that the discriminator, as employer, provider of goods

and services, pr ovider of edu cation or t raining, etc. ma y be a natural or a legal pe rson

though it is not spelled out explicitly in the legislation (and would not be expected to be

expressly provided).

3.1.3 Private and public sector including public bodies (Article 3(1))

a) Protection against discrimination

In the UK, the personal scope of national law covers the private and public sectors including

public bodies for the purpose of protection against discrimination. There is no relevant legal

distinction between the two, s o the legislation applies to both. National la w complies with

the directives in this regard.

b) Liability for discrimination

In the UK, the personal scope of anti -discrimination law covers the private and public

sectors including public bodies for the purpose of liability for discrimin ation.

63 Hounga v Allen and another [2014] UKSC 47 confirms that protection against discrimination covers those

with irregular or undocumented migration status.

64 Employment Appeal Tribunal, EAD Solicitors LLP and Ors v Abrams UKEAT/0054/15/DM, 05.06.2015,

available at: www.bailii.org/uk/cases/UKEAT/2015/0054_15_0506.html.