Employment experts are warning that firms that opt for «last in, first out» redundancy polices could be liable for indirect discrimination claims. (newlawjournal.co.uk)
If Elias is anything to go by, even if the public sector body is only subject to the general duty it will face an uphill task defending indirect discrimination claims unless it is able to show that it had considered the impact of the offending provision, criterion or practice in the light of its general duty to promote equality of opportunity. (newlawjournal.co.uk)
In two conjoined cases, (Essop and Naeem) the Supreme Court considered whether a claimant in an indirect discrimination claim has to prove the reason why a PCP puts (or would put) an affected group at a particular disadvantage, and whether the reason has to relate to the protected characteristic. (dacbeachcroft.com)