Equality, diversity and human rights >
Indirect discrimination
Updated to include a reference to the protection from harassment measures in the Employment Rights Bill, published on 10 October 2024.
Updated to include information on measures relating to disability in the Employment Rights Bill and the forthcoming Equality (Race and Disability) Bill.
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.
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.
Updated to include information on the measures extending protection against dismissal under the Employment Rights Bill, published 10 October 2024.
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.
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.
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.
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.
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.
HR and legal information and guidance relating to indirect discrimination.