Indirect discrimination | Equality, diversity and human rights | Employment law cases | HR Tools

Requirement for role to be office based was indirect disability discrimination by association

Date:: 14 September 2021

In Follows v Nationwide Building Society, the employment tribunal held that requiring the senior manager, who is the primary carer for her disabled mother, to be office based amounted to indirect disability discrimination by association.

Indirect discrimination: Wrong comparison group used for childcare policy

Date:: 10 February 2021

In Cumming v British Airways plc, the Employment Appeal Tribunal held that, when deciding if the employer's policy on childcare was indirectly discriminatory, the correct pool for comparison should include only employees with childcare responsibilities.

Age discrimination: Keeping within pay constraints justified discriminatory pay policy

Date:: 13 November 2020

In Heskett v Secretary of State for Justice, the Court of Appeal confirmed that, while cost alone is not sufficient, the employer's need to reduce expenditure due to budgetary constraints imposed by the Government is a legitimate aim, and the discriminatory pay policy a proportionate means of achieving that aim.

Age discrimination: Requiring semi-retired dog handler to work full time was discriminatory

Date:: 2 July 2020

In Broadist v HM Prison Service, an employment tribunal found that the employer's refusal to allow a semi-retired dog handler to remain working on a part-time basis with an alternative dog, after his dog had died, amounted to indirect age discrimination.

Right to work: Employer wrong to rely on checking service

Date:: 17 December 2019

In Badara v Pulse Healthcare Ltd, the Employment Appeal Tribunal held that the employer should not have relied solely on negative Home Office checks when it dismissed the employee for failing to provide right to work documentation.

Indirect discrimination: no need for claimants to explain why they are disadvantaged

Date:: 6 April 2017

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.

Indirect discrimination: no requirement for reason for disadvantage to relate to protected characteristic

Date:: 6 April 2017

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.

Case round-up

Date:: 1 October 2015

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.

Indirect discrimination: claimants required to show the "reason why" they are disadvantaged

Date:: 25 June 2015

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.

Case round-up

Date:: 1 September 2014

Gerri Hurst, Sinead Keenan, Carly Mather, Joelle Parkinson and Mark Rose are associates at Addleshaw Goddard LLP. They round up the latest rulings.

Employment law cases

All items: Indirect discrimination

Requirement for role to be office based was indirect disability discrimination by association

Indirect discrimination: Wrong comparison group used for childcare policy

Age discrimination: Keeping within pay constraints justified discriminatory pay policy

Age discrimination: Requiring semi-retired dog handler to work full time was discriminatory

Right to work: Employer wrong to rely on checking service

Indirect discrimination: no need for claimants to explain why they are disadvantaged

Indirect discrimination: no requirement for reason for disadvantage to relate to protected characteristic

Case round-up

Indirect discrimination: claimants required to show the "reason why" they are disadvantaged

Case round-up

About this category

Explore XpertHR

Learn more

Get in touch

Connect with us