Updated to include information on Chief Constable of Greater Manchester Police v Bailey, in which the Court of Appeal considered the correct test to apply in victimisation claims.
Consultant editor Darren Newman explains the importance of the Supreme Court's recent decision in two joined indirect discrimination cases.
The Supreme Court has held that claimants are not required in indirect discrimination claims to explain why the provision, criterion or practice (PCP) puts, or would put, the affected group at a particular disadvantage.
The Supreme Court has held that an incremental pay structure that put Muslim chaplains in the prison service at a disadvantage compared to their Christian colleagues was indirectly discriminatory, but was justified.
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.
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.
HR and legal information and guidance relating to indirect race discrimination.