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Sex discrimination: Same test for indirect discrimination under UK and EC law

This report relates to 1 case(s)

The test for establishing indirect discrimination in relation to pay under Article 119 of the Treaty of Rome is essentially the same as the test which applies under the Sex Discrimination Act 1975, holds the EAT in Staffordshire County Council v Black. An industrial tribunal should identify the condition which was applied by the employer and ask itself whether a "considerably smaller proportion" of women than men could comply with it.