Indirect discrimination

New and updated

• Type:

  Employment law guide

  Discrimination in recruitment and selection

  Updated to include a reference to the protection from harassment measures in the Employment Rights Bill, published on 10 October 2024.

• Type:

  Employment law guide

  Disability discrimination

  Updated to include information on measures relating to disability in the Employment Rights Bill and the forthcoming Equality (Race and Disability) Bill. 

• Type:

  Employment law guide

  Indirect discrimination

  Updated to include a reference to British Airways plc v Rollett and others, in which the EAT considered if the tribunal was entitled to allow the claim of indirect associative discrimination to proceed.

• Date:

  11 May 2023

  Type:

  Podcasts and webinars

  Podcast: Age discrimination - tips, traps and Tribunal cases

  Age discrimination can be a tricky area for employers. In this edition of the podcast, Susie Munro, Senior Legal Editor at XpertHR, leads us on a tour of recent cases that offer examples of how things can go wrong if they are mishandled and provides some tips on avoiding typical age-related traps.

• Type:

  Employment law guide

  Pregnancy and maternity discrimination

  Updated to include information on the measures extending protection against dismissal under the Employment Rights Bill, published 10 October 2024.

• Date:

  5 October 2021

  Type:

  Podcasts and webinars

  Podcast: Flexible working requests - the fundamentals and the future

  Jo Broadbent, counsel knowledge lawyer at Hogan Lovells, guides you through the fundamentals of handling flexible working requests and discusses the future of flexible working in the post-pandemic workplace.

• Type:

  Employment law cases

  Requirement for role to be office based was indirect disability discrimination by association

  In Follows v Nationwide Building Society, the employment tribunal held that requiring the senior manager, who is the primary carer for her disabled mother, to be office based amounted to indirect disability discrimination by association.

• Type:

  Employment law cases

  Indirect discrimination: Wrong comparison group used for childcare policy

  In Cumming v British Airways plc, the Employment Appeal Tribunal held that, when deciding if the employer's policy on childcare was indirectly discriminatory, the correct pool for comparison should include only employees with childcare responsibilities.

• Type:

  Employment law cases

  Age discrimination: Keeping within pay constraints justified discriminatory pay policy

  In Heskett v Secretary of State for Justice, the Court of Appeal confirmed that, while cost alone is not sufficient, the employer's need to reduce expenditure due to budgetary constraints imposed by the Government is a legitimate aim, and the discriminatory pay policy a proportionate means of achieving that aim.

• Type:

  Employment law cases

  Age discrimination: Requiring semi-retired dog handler to work full time was discriminatory

  In Broadist v HM Prison Service, an employment tribunal found that the employer's refusal to allow a semi-retired dog handler to remain working on a part-time basis with an alternative dog, after his dog had died, amounted to indirect age discrimination.