In Snook v AC Electrical Wholesale plc a Bedford industrial tribunal (Chair: B G Mitchell) rejects an indirect discrimination claim from a woman turned down for part-time work on returning from maternity leave on grounds that she was able to comply with a full-time working requirement, but merely preferred to spend more time with her child.
In Eley v Huntleigh Diagnostics Ltd a Cardiff industrial tribunal (Chair: J Thomas) rules that a requirement that a receptionist continue working full time following her return from maternity leave was objectively justifiable on grounds of customer continuity.
In London Underground Ltd v Edwards (No.2) the EAT upholds a finding that new rostering arrangements indirectly discriminated against a female train operator who was a single parent.
In JH Walker Ltd v Hussain and others the EAT holds that an employer "intentionally" indirectly discriminated against its Asian employees on the ground of race when, in accordance with a new policy that no holiday could be taken by employees during the three busiest months of the year, it required them to work on an important Muslim festival day, and disciplined them when they took the day off.
In JH Walker Ltd v Hussain and others (1 November 1995) EOR66D, the EAT rules that indirect discrimination can be regarded as "intentional", so as to attract an award of compensation, 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.
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
In Barry v Midland Bank plc a London South industrial tribunal (Chair: E R Donnelly) rules that a voluntary severance payment scheme, which failed to take account any full-time service a part-time worker may have had, was not unlawfully indirectly discriminatory because most women worked full-time rather than part-time.
A jobsharer who was only permitted to return to work after maternity leave on a full-time basis was unlawfully discriminated against, rules a Glasgow industrial tribunal (Chair: S F R Patrick) in Watt v Ballantyne & Copeland.
In Overton v Nuclear Electric plc a Bristol industrial tribunal (Chair: C G Toomer) finds that there was no indirect discrimination in an employer's failure to offer a payment for accepting new terms and conditions to employees on career breaks.
In London Underground Ltd v Edwards the EAT has held that in determining whether an indirectly discriminatory requirement or condition was applied with the intention to treat a woman less favourably on grounds of sex, so as to permit an award of compensation, intention can be inferred from an employer's knowledge of the unfavourable consequences for the claimant as a woman.
HR and legal information and guidance relating to indirect discrimination.