Indirect Discrimination in UK Law

Leading Cases
  • Essop and Others v Home Office (UK Border Agency)
    • Supreme Court
    • 05 April 2017

    Direct discrimination expressly requires a causal link between the less favourable treatment and the protected characteristic. It is dealing with hidden barriers which are not easy to anticipate or to spot.

  • James v Eastleigh Borough Council
    • House of Lords
    • 14 June 1990

    This is because, as I see it, cases of direct discrimination under section 1(1)( a) can be considered by asking the simple question: would the complainant have received the same treatment from the defendant but for his or her sex?

  • Chief Constable of West Yorkshire Police and another v Homer
    • Supreme Court
    • 25 April 2012

    It was intended to do away with the complexities involved in identifying those who could comply and those who could not and how great the disparity had to be. Now all that is needed is a particular disadvantage when compared with other people who do not share the characteristic in question. It was not intended to lead us to ignore the fact that certain protected characteristics are more likely to be associated with particular disadvantages.

  • Humphreys v Revenue and Customs Commissioners
    • Supreme Court
    • 16 May 2012

    It seems clear from Stec, however, that the normally strict test for justification of sex discrimination in the enjoyment of the Convention rights gives way to the "manifestly without reasonable foundation" test in the context of state benefits. The same principles were applied to the sex discrimination involved in denying widow's pensions to men in Runkee v United Kingdom [2007] 2 FCR 178, para 36.

  • Nagarajan v London Regional Transport
    • House of Lords
    • 15 July 1999

    Save in obvious cases, answering the crucial question will call for some consideration of the mental processes of the alleged discriminator. Treatment, favourable or unfavourable, is a consequence which follows from a decision. Direct evidence of a decision to discriminate on racial grounds will seldom be forthcoming. Usually the grounds of the decision will have to be deduced, or inferred, from the surrounding circumstances.

    The crucial question just mentioned is to be distinguished sharply from a second and different question: if the discriminator treated the complainant less favourably on racial grounds, why did he do so? Racial discrimination is not negatived by the discriminator's motive or intention or reason or purpose (the words are interchangeable in this context) in treating another person less favourably on racial grounds.

  • Rainey v Greater Glasgow Health Board
    • House of Lords
    • 27 November 1986

    This provision has the effect of prohibiting indirect discrimination between women and men. Further, there would not appear to be any material distinction in principle between the need to demonstrate objectively justified grounds of difference for purposes of section 1(3) and the need to justify a requirement or condition under section 1(1)( b)(ii) of the Act of 1975.

See all results
Legislation
  • Equality Act 2010
    • UK Non-devolved
    • January 01, 2010
    ... ... and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable ... 19: Indirect discrimination ... (1) A person (A) discriminates against another (B) if ... ...
  • Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001
    • UK Non-devolved
    • January 01, 2001
  • The Employment Equality (Religion or Belief) Regulations 2003
    • UK Non-devolved
    • January 01, 2003
    ... ... (2) In these Regulations, references to discrimination are to any discrimination falling within regulation 3 (discrimination on ... of any person who will be treated more favourably in direct or indirect consequence of the discrimination,as are conferred by or in respect of a ... ...
  • Fair Employment and Treatment (Northern Ireland) Order 1998
    • UK Non-devolved
    • January 01, 1998
    ... ... ” means a person making a complaint that unlawful discrimination has been committed against him; ... “complaint” means a complaint of ... the Fair Employment and Treatment (Northern Ireland) Order 1998 (indirect discrimination on the grounds of religious belief or political opinion) ... ...
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT