In this week's podcast, we explore the steps that you can take to reduce the risk of having an indirectly discriminatory provision, criterion or practice. We also discuss what to take into account when deciding whether or not indirect discrimination can be justified.
Updated to include information on Bellman v Northampton Recruitment Ltd, a personal injury case that may have implications for discriminatory behaviour by employees towards colleagues or third parties.
In Essop and others v Home Office (UK Border Agency)  IRLR 724 CA, the Court of Appeal held that a claimant in an indirect discrimination case must establish the nature of the group disadvantage created by the provision, criterion or practice, as well as the way in which he or she has suffered that disadvantage as an individual.
The existence of a non-discriminatory reason for Muslim prison chaplains being paid less than their Christian counterparts has defeated a discrimination claim. Matthew Leon and Kate Hodgkiss explain a Court of Appeal ruling that has stirred up the law on indirect discrimination.
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.
Carly Mather is a managing associate, Gerri Hurst and Lucy Sorrell are associates, Mona Jackson is a trainee solicitor and Richard Branson is a paralegal at Addleshaw Goddard LLP. They round up the latest rulings.
Gerri Hurst, Sinead Keenan, Carly Mather, Joelle Parkinson and Mark Rose are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal (EAT) has held that a "higher education course" under the National Minimum Wage Regulations 1999 (SI 1999/584) relates to courses undertaken only in the UK and therefore disproportionately excludes foreign students and is indirectly discriminatory, but is justified as a proportionate means of preventing abuse of the national minimum wage system, which is a legitimate aim.
Krishna Santra, Linda Quinn and Colin Makin are senior associates and Melissa Powys-Rodrigues and Dominic Speedie are associates at Colman Coyle Solicitors. They round up the latest rulings.
HR and legal information and guidance relating to indirect race discrimination.