Children addressing their immigration claims on their own are
at a particular disadvantage as the laws, processes and systems governing their circumstances are profoundly complex.
It may constitute indirect discrimination, if it puts «persons adhering to a particular religion or belief being
put at a particular disadvantage» and that disadvantage could have been avoided, for example by moving the employee away from a customer - facing role.
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.
In order to successfully claim indirect discrimination, the claimant must demonstrate that the respondent has applied a provision, criterion or practice («PCP»); that PCP puts or would put someone with the claimant's religion or
belief at a particular disadvantage when compared to other persons; the PCP puts or would put the claimant at that disadvantage and the PCP can not be justified as a proportionate means of achieving a legitimate aim.
As regards the finding of indirect discrimination, the EAT accepted that the requirement for all registrars to perform civil partnership ceremonies placed persons of the claimant's
religion at a particular disadvantage in comparison with other persons who do not share the same religion.
OnePlus has opted for a thinner, more premium design at the cost of a smaller power pack, and while everyone may not agree with that strategy it doesn't put the
handset at a particular disadvantage compared to its rivals.
The team also found that families on the subsidy waitlist are
at a particular disadvantage as they have the greatest difficulty paying for care, the least access, and the poorest quality child care.
The landmark case, brought by Thompsons on behalf of the Public and Commercial Services Union (PCS) concluded that workers do not need to prove the «reason why» the practice in question puts, or would, put the affected
group at a particular disadvantage.
Regulation 3 defined «discrimination» to include direct religious discrimination (that is, treating an employee less favourably on grounds of his or her religion or belief) and indirect religious discrimination (applying a provision, criterion or practice that places persons of the same religion as the
employee at a particular disadvantage and which the employer can not show was a proportionate means of achieving a legitimate aim).
An employer will be liable for indirect discrimination where they apply a provision, criterion or practice which puts those with certain protected characteristics, such as sex, disability and a religious belief,
at a particular disadvantage when compared with someone who does not share that characteristic.
As noted in the executive summary, «Girls are
at a particular disadvantage; in Eastern and the Horn of Africa, only five girls are enrolled for every 10 boys.»
These appeals considered whether, in order to successfully bring a claim for indirect discrimination under the Equality Act 2010, a claimant needs to show the reason why a provision, criterion or practice puts or would put (a) the claimant; and (b) persons with whom the claimant shares a protected characteristic,
at a particular disadvantage.
Gypsies and Travellers are some of the most vulnerable members of our society and an inability to challenge an unlawful decision by a public body may put
them at a particular disadvantage.