EMP6
Indirect Discrimination
à Indirect discrimination - s19 of the EqA 2010
à There are four requirements:
1. There must be a “provision, criterion or practice” PCP:
This must be applied equally to everyone within the relevant group including the particular
worker.
2. The PCP must put, or would put, people who share the worker’s protected characteristic at a particular
disadvantage when compared with people who do not have that characteristic.
3. The PCP must put, or would put, that particular worker at a disadvantage.
4. The employer cannot show that the PCP is a proportionate means of achieving a legitimate aim.
Eligibility à The Act protects both “workers” and “employees” (s83)
o Employees (s39)
s83(2): defines ‘Employment’ as “employment under a contract of employment,
a contract of apprenticeship or a contract personally to do work”.
o Job applicants (s39).
o Contract workers (s41)
o Office holders (s50)
o Trade union members (s50)
o Employees whose employment has ended (s108).
à No length of service requirement
Time Limit à 3 months (LESS A DAY) from the date of the unlawful act (s123(1))
à The Tribunal has discretion to extend the time period if it thinks it “just and equitable”
(123(1)(b)).
What is the
relevant Protected s19(3) provides the following protected characteristics:
Characteristic?
à Age
(s19(3)) à Disability
à Gender reassignment
à Marriage and civil partnership
à Race
à Religion or belief
à Sex
à Sexual orientation
à Note pregnancy and maternity is NOT covered (s19(3))
IF YES, CONTINUE
Has there been a s39 defines the following unlawful acts:
potentially
Unlawful Act? à s39(1): Where an employer (A) discriminates against a person [includes job applicants] (B):
(s39) o (a) in the arrangements for deciding to whom to offer employment.
o (b) as to the terms on which A offers B employment;
o (c) by not offering B employment.
Indirect Discrimination
à Indirect discrimination - s19 of the EqA 2010
à There are four requirements:
1. There must be a “provision, criterion or practice” PCP:
This must be applied equally to everyone within the relevant group including the particular
worker.
2. The PCP must put, or would put, people who share the worker’s protected characteristic at a particular
disadvantage when compared with people who do not have that characteristic.
3. The PCP must put, or would put, that particular worker at a disadvantage.
4. The employer cannot show that the PCP is a proportionate means of achieving a legitimate aim.
Eligibility à The Act protects both “workers” and “employees” (s83)
o Employees (s39)
s83(2): defines ‘Employment’ as “employment under a contract of employment,
a contract of apprenticeship or a contract personally to do work”.
o Job applicants (s39).
o Contract workers (s41)
o Office holders (s50)
o Trade union members (s50)
o Employees whose employment has ended (s108).
à No length of service requirement
Time Limit à 3 months (LESS A DAY) from the date of the unlawful act (s123(1))
à The Tribunal has discretion to extend the time period if it thinks it “just and equitable”
(123(1)(b)).
What is the
relevant Protected s19(3) provides the following protected characteristics:
Characteristic?
à Age
(s19(3)) à Disability
à Gender reassignment
à Marriage and civil partnership
à Race
à Religion or belief
à Sex
à Sexual orientation
à Note pregnancy and maternity is NOT covered (s19(3))
IF YES, CONTINUE
Has there been a s39 defines the following unlawful acts:
potentially
Unlawful Act? à s39(1): Where an employer (A) discriminates against a person [includes job applicants] (B):
(s39) o (a) in the arrangements for deciding to whom to offer employment.
o (b) as to the terms on which A offers B employment;
o (c) by not offering B employment.
