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Indirect discrimination
In Follows v Nationwide Building Society, the employment tribunal held that requiring the senior manager, who is the primary carer for her disabled mother, to be office based amounted to indirect disability discrimination by association.
In Cumming v British Airways plc, the Employment Appeal Tribunal held that, when deciding if the employer's policy on childcare was indirectly discriminatory, the correct pool for comparison should include only employees with childcare responsibilities.
In Heskett v Secretary of State for Justice, the Court of Appeal confirmed that, while cost alone is not sufficient, the employer's need to reduce expenditure due to budgetary constraints imposed by the Government is a legitimate aim, and the discriminatory pay policy a proportionate means of achieving that aim.
In Broadist v HM Prison Service, an employment tribunal found that the employer's refusal to allow a semi-retired dog handler to remain working on a part-time basis with an alternative dog, after his dog had died, amounted to indirect age discrimination.
In Badara v Pulse Healthcare Ltd, the Employment Appeal Tribunal held that the employer should not have relied solely on negative Home Office checks when it dismissed the employee for failing to provide right to work documentation.
The Supreme Court has held that claimants are not required in indirect discrimination claims to explain why the provision, criterion or practice (PCP) puts, or would put, the affected group at a particular disadvantage.
The Supreme Court has held that an incremental pay structure that put Muslim chaplains in the prison service at a disadvantage compared to their Christian colleagues was indirectly discriminatory, but was justified.
David Malamatenios is a partner and Sandra Martins, Krishna Santra and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
The Court of Appeal has held that it is necessary in indirect discrimination claims for the claimant to show why the provision, criterion or practice (PCP) has disadvantaged the group and the individual claimant.
Gerri Hurst, Sinead Keenan, Carly Mather, Joelle Parkinson and Mark Rose are associates at Addleshaw Goddard LLP. They round up the latest rulings.
Employment law cases: HR and legal information and guidance relating to indirect discrimination.