Race discrimination > Indirect discrimination
XpertHR has 3 case reports
relating to the case: JH Walker Ltd v Hussain and others  IRLR 11 EAT.
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Race discrimination: "Intentional" indirect discrimination by employer
Source: Industrial Relations Law Bulletin Date:
In JH Walker Ltd v Hussain and others the EAT holds that an employer "intentionally" indirectly discriminated against its Asian employees on the ground of race when, in accordance with a new policy that no holiday could be taken by employees during the three busiest months of the year, it required them to work on an important Muslim festival day, and disciplined them when they took the day off.
Compensation test for indirect discrimination
Source: Equal Opportunities Review Date:
In JH Walker Ltd v Hussain and others (1 November 1995) EOR66D, the EAT rules that indirect discrimination can be regarded as "intentional", so as to attract an award of compensation, where an employer knew when it applied the requirement or condition in question that unfavourable treatment on racial grounds would result and where it wanted those consequences to follow.