Race and religion or belief Summary Race and religion have been combined on this page because they tend to be less important in an occupational health (OH) setting than...
Sex discrimination Summary Direct discrimination is unlawful even if the employer it trying to be ‘chivalrous’. However in limited cases positive discriminatio...
Indirect disability discrimination (EqA s.19) Summary Indirect disability discrimination was new in the Equality Act. It can apply widely to disability, as the examples below show. Howev...
Indirect discrimination for someone else’s disability? An employment tribunal (so not a binding precedent) has accepted a claim for indirect disability discrimination by the carer of a disabled p...
Indirect discrimination Indirect discrimination extends protection beyond the ‘formal’ equality of treatment tackled by direct discrimination. It can apply where an...
Is a one-off decision subject to the reasonable adjustment duty? The Court of Appeal held that a one-off decision can sometimes be a ‘provision, criteron or practice’ (PCP) subject to the reaso...
Indirect discrimination: justification should not focus on claimant The EAT held the tribunal wrongly focused on whether an exception for the individual was justified, in an indirect discrimination claim. The...
Sex discrimination: minimum height for police trainees The EU Court of Justice (ECJ) indicated that a 1.7m minimum height for entrants to Greek police schools was unlikely to be justified. In Ypo...
EAT considers pay compensation for disabled employee The EAT went some way – but not that far – in considering Equality Act issues on redeployment and pay while off sick. In West v Royal Bank o...
Selection tests Diana Kloss reviews a decision that the way an employer conducted a psychometric test as part of its recruitment process was unlawful disabi...