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Making a proportionate comparison

This report relates to 1 case(s)

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    McCausland v Dungannon District Council [1993] IRLR 583 NICA (1 other report)

    • Discrimination: No guidance forthcoming on disparate impact

      Date:
      1 May 1994

      Indirect discrimination arises when an employer applies some form of requirement or condition, and the proportion of people of one race, sex or religious belief who can meet that requirement or condition is considerably smaller than the proportion of those outside that group who can. In McCausland v Dungannon District Council, the Court of Appeal in Northern Ireland refuses to give any guidance on when one proportion should be viewed as "considerably smaller" than another. This, says the Court, is an issue which Parliament has left for industrial tribunals to decide.

In McCausland v Dungannon District Council (21 October 1993) EOR53C, the Court of Appeal in Northern Ireland gives guidance on the approach to be adopted in determining whether a requirement or condition has a disparate impact.