A more recent version of these Equality In Employment Part 2 I Tutorial notes – written by University Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our Employment Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Equality in Employment - Part 2 Discrimination Claims (stages 6-10 - Indirect Discrimination/ Harassment/
Victimisation EA 2010 - INDIRECT DISCRIMINA TION?????Occurs where the respondent imposes a practice or requirement on everyone, but the requirement has an adverse effect on persons possessing a particular protected characteristic 4 conditions to be satisfied:
RESPONDENT APPLIES A PCP TO ALL PERSONS May be a condition of the employment, a recruitment policy, a noncontractual works policy or another factor which the respondent considers to be desirable rather than essential PUTS PERSONS WITH THE CLAIMANT'S PROTECTED CHARACTERISTIC AT A PARTICULAR DISADVANTAGE Claimant has to give evidence:
Number of those who can comply with the new provision from group 1 and group 2 - difference of more than 5% = finding of ID Each side will want to choose a pool which favours their case; respondent will want a pool in which the proportion of the group which suffer a disadvantage is small; however the claimant will want to choose a pool in which the group is large; ultimately for the tribunal to decide Tribunal moving away from stats based so to decide this may use general sociological evidence; for example more women than men have childcare responsibilities so imposition of a shift pattern would put women at a particular disadvantage (London Underground v Edwards):
Although difference less than 5%, tribunal decided that the provision did put claimant's sex at disadvantage due to bottom statistic; upheld by CA THE PCP IS TO THE CLAIMANT's DISADVANTAGE
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