CA-2024-002185 - [2025] EWCA Civ 1049

A service-provider, such as a local housing authority, must not discriminate against a person in the provision of a service or in the exercise of a public function: see section 29 of the 2010 Act. A housing authority will indirectly discriminate against a person in the circumstances defined in section 19 of the 2010 Act which provides, so far as material:

(1)

A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.

(2)

For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if—

(a)

A applies, or would apply, it to persons with whom B does not share the characteristic,

(b)

it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,

(c)

it puts, or would put, B at that disadvantage, and

(d)

A cannot show it to be a proportionate means of achieving a legitimate aim.

(3)

The relevant protected characteristics are—

…..

sex;

….”

The central issue on this appeal is whether the housing authority did, between October 2022 and August 2023, apply a PCP to men and women which put women at a particular disadvantage and, if so, whether the respondent has shown the PCP to be a proportionate means of achieving a legitimate aim.

A secondary issue is whether the respondent by its conduct towards the appellant during that period breached its duty under section 149 of the 2010 Act. That provides, so far as is material to this appeal, that:

“(1)

A public authority must, in the exercise of its functions, have due regard to the need to—

(a)

eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;

(b)

advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(c)

foster good relations between persons who share a relevant protected characteristic and persons who do not share it.”