header-logo header-logo

Back on track

19 May 2017 / Spencer Keen
Issue: 7746 / Categories: Features , Discrimination
printer mail-detail
nlj_7746_keen

The Supreme Court has re-established the orthodoxy in indirect discrimination, says Spencer Keen

  • This judgment in Essop & Naeem will assist employment tribunals to apply the test for indirect discrimination more easily.

Indirect discrimination occurs on grounds of race where a person, A, applies to another, B, a provision, criterion or practice (PCP) in relation to a relevant characteristic of B’s. The application of the PCP will be discriminatory where A applies it to persons who do not share the characteristic and it puts (or would put) persons with whom B shares the characteristic at a particular disadvantage.

Two difficult questions have plagued recent indirect discrimination cases. First, where it is possible to prove that a particular group has been disadvantaged, but it is not possible to say why, is the fact of the disadvantage sufficient to require the employer to justify its conduct or does the claimant also need to show that the disadvantage is connected with the characteristic? Secondly, does a claimant who belongs to the disadvantaged group have to show

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll