Small employer exclusion

Case 4: The facts

Mrs Burton worked for a small employment agency which got into financial difficulties and dismissed her. She claimed they had chosen her on the grounds of her disability, and lodged a discrimination claim. The agency claimed it was not covered by the DDA because it had fewer than 15 staff.

The ruling

The EAT held that the agency was not excluded from the duties imposed under the Act. Although it had fewer than 15 employees working in its office, being an employment agency it also had workers on its books. Those workers were also included in calculating the number of workers employed for the purpose of the DDA, even though they didn't work directly for the agency, but obtained work through it.

* Burton v Higham [2003] IRLR 257