A limited company can make a claim of direct discrimination by association

In the case of EAD Solicitors & Others v Abrams, Mr Abrams was a solicitor and member of the LLP. He then formed a limited company which took his place as member of the LLP and agreed to provide a fee-earner to provide the services Mr Abrams previously had (which in reality would be Mr Abrams). When Mr Abrams turned 62, which had he been a member of the LLP was when he was due to retire, the LLP refused to accept the limited company providing the services of Mr Abrams and objected to the limited company continuing to be a member of the LLP.

The Employment Tribunal, initially decided that the limited company could pursue a claim that it had suffered detrimental treatment because of Mr Abram’s protected characteristic, namely age, an approach that was supported by the EAT, following analysis of the Equality Act.