Indirect discrimination in disability claims

It is well known that the Equality Act 2010 has four type of discrimination that applies to all of the nine protected characteristics set out in the Act: direct discrimination, indirect discrimination, harassment, and victimisation. However, in cases where the characteristic of disability is relied upon the Act recognises two other forms of discrimination that … Continue reading Indirect discrimination in disability claims

Recruitment agency discriminates against Sikh job applicant – how indirect discrimination works

The Central London Employment Tribunal have recently found in Sethi v Elements Personnel Service Ltd that a recruitment agency indirectly discriminated against Mr SethiĀ  for reasons related to his religion. Mr Sethi is an adherent of the Sikh faith. Reading the judgment it is abundantly clear why that decision was made, it is one of … Continue reading Recruitment agency discriminates against Sikh job applicant – how indirect discrimination works

Tell Me the Reason Why

It is not often there is an appeal judgement of genuine assistance to employees, but the EAT's decision last year in Essop v Home Office is one such case in which my union, PCS, assisted the claimants in appealing. The background is that the Respondent had a Provision, Criterion or Practice that an employee wishing … Continue reading Tell Me the Reason Why

Indirect Discrimination and Fixed Term Workers

A few weeks ago I made reference to the preamble of European Council Directive 1999/70/EC on fixed term appointments which states that the "parties to this agreement recognise that contracts of an indefinite duration are, and will continue to be, the general form of employment relationship between employers and workers." Likewise, the Civil Service Management … Continue reading Indirect Discrimination and Fixed Term Workers

Changes of Contract and the Equality Act

Claims under sections 19 and 20 of the Equality Act 2010 require that a provision, criterion or practice place (or in s.19 would place if applied) an individual with a protected characteristic at a substantial (in the case of section 20) or a particular (in the case of section 19) disadvantage. In Edie & 15 … Continue reading Changes of Contract and the Equality Act