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Unintentional indirect discrimination test

This report relates to 1 case(s)

In Azam v JH Walker Ltd the EAT has clarified the test for unintentional indirect discrimination under the Race Relations (and Sex Discrimination) Acts by holding that a tribunal is entitled to infer an intention to discriminate 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.

Mohammed Azam and 16 other Muslim Asians complained that they had been indirectly discriminated against when they were disciplined for taking a day off work to celebrate Eid - one of the most important religious occasions in the Muslim calendar - in breach of a new company rule that non-statutory holidays would no longer be permitted during the company's busiest months.