header-logo header-logo

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

Back on track

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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll