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Race discrimination: "Intentional" indirect discrimination by employer

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    JH Walker Ltd v Hussain and others [1996] IRLR 11 EAT (0 other reports)

In JH Walker Ltd v Hussain and others the EAT holds that an employer "intentionally" indirectly discriminated against its Asian employees on the ground of race when, in accordance with a new policy that no holiday could be taken by employees during the three busiest months of the year, it required them to work on an important Muslim festival day, and disciplined them when they took the day off. The fact that the employer's intention in introducing the policy several months previously was to minimise losses did not mean that the discrimination was unintentional.