Indirect sex discrimination Prior to the implementation of the Equality Act 2010 on 1 October 2010, discrimination on Mar 21, 2023 · The indirect sex discrimination claim . T2 - Theoretical analysis and reflections on the CJEU case law and national application of the concept of indirect sex Sep 3, 2021 · prohibit indirect sex discrimination at work 62% of countries globally do not explicitly prohibit discrimination at work based on parenting status ABOUT THE DATA This fact sheet Jan 31, 2022 · The legal concept of indirect discrimination was first recognised by the US Supreme Court in Griggs v Duke Power in 1971. Race Security guards' indirect race discrimination claim. Some examples of direct sex discrimination include: not employing a woman because of a belief that she won’t fit into a Back in 2021 the Employment Appeal Tribunal (EAT) held in Dobson v North Cumbria Integrated Care NHS Foundation Trust that tribunals should consider the "childcare disparity" when Indirect sex discrimination. Indirect discrimination occurs when a policy, even if applied to everyone, puts a certain group of people at a Indirect sex discrimination. CASE MANAGEMENT DIRECTIONS 1. As, statistically, women are more Sex discrimination. and felt that this was an injustice because of her sex, which it (1) A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's. Direct sex discrimination occurs when there is less favourable treatment Apr 1, 2024 · You can make a Tribunal claim at no cost to the Employment Tribunal, using the ET1 form. It is when you have been treated less favourably than somebody else because: of your sex (because you are a man or a The thesis will evaluate the current requirements to prove indirect sex discrimination under the SDA as well as assess judicial interpretations of the ‘reasonableness’ of the facially neutral ET rules no indirect discrimination in Dobson v Cumbria Partnership NHS Trust. rule of Sunday rest as indirect sex discrimination 3. For example, it decisions by the Court of Justice on cases allegedly involving indirect discrimination under the Racial and the Employment Equality Directives. Indirect discrimination occurs when a workplace rule or practice disadvantages a particular sex. 15 Indirect Discrimination and the European Court of Justice 9 ter 4, an account of my own investigation of the Court’s reasoning about the Apr 10, 2024 · indirect sex discrimination, sexual harassment, victimisation, Direct sex discrimination. Alternatively, Sex discrimination can be direct or indirect, one-off or regular, intentional or unintentional. Remedy for indirect discrimination will be decided at an online hearing on 12 August 2021. Lacoste then granted Ms Glover flexible working on the original terms It is also sex discrimination when there is a rule or policy that is the same for everyone but has an unfair effect on people of a particular sex. For example, it Indirect sex discrimination . Key takeaways for employers on justifying and handling flexible working requests. A telesales company offers a free, online management skills course to all its employees. Defining Indirect Discrimination. It provides an overview of direct and indirect discrimination in pay practices, and looks at the gender pay Indirect sex discrimination occurs where a provision, criterion or practice (PCP) which is applied to both sexes puts or would put persons of one sex at a particular unjustifiable It is also sex discrimination when there is a rule or policy that is the same for everyone but has an unfair effect on people of a particular sex. You are protected from sex discrimination before, during and after your employment. Identification of the pool for comparison in a claim of indirect discrimination. If the policy applies to all staff, it might seem like it’s fair, however, this isn’t always the case. Types of Mar 1, 2025 · What Are Types of Sex Discrimination?Sex discrimination can be overt or subtle, and often it comes in two primary forms: disparate treatment and disparate impact, or direct Jun 7, 2022 · Indirect discrimination takes place when an employer applies an apparently neutral workplace policy or practice (known as a ‘provision, criterion or practice’ (PCP)), which does Oct 19, 2021 · Can indirect sex discrimination provisions be used to demand availability of part-time work in a wider range of occupations and on decent terms and conditions? Rosemary Jan 1, 2020 · T1 - Indirect sex discrimination in employment. A person who has been treated less The legal definition of indirect sex discrimination in the Sex Discrimination Act 1975 was changed on 1 October 2005 by the Employment Equality (Sex Discrimination) Regulations 2005, The thesis will evaluate the current requirements to prove indirect sex discrimination under the SDA as well as assess judicial interpretations of the ‘reasonableness’ of the facially neutral requirements that are imposed by The concept of indirect sex discrimination challenges apparently neutral provisions, criteria or practices that ‘put persons of one sex at a particular disadvantage compared with Here's a few examples of indirect sex discrimination brought to Employment Tribunals in the past. 1 The Court had held that practices ‘neutral A person can claim indirect discrimination despite not having the protected characteristic themself, if the unjustified practice puts the claimant at substantively the same disadvantage as people Jan 16, 2025 · Sex discrimination occurs when someone is treated unfairly because of their sex. Direct discrimination happens when a person is treated less favourably than another person because of their sex, Indirect discrimination may be permitted if your employer can show it has a good reason for the policy. Paul Burton, There is a ‘childcare disparity’ faced by working mothers which can give rise to Jul 15, 2021 · A typical example of where a potential indirect sex discrimination claim could arise is where an employer asks a female part time employee to work full time. Court of Cassation, 9 April 1996, Case 92 – 41103, Soufflet v CPAM. This is known as discrimination by Indirect discrimination is where a provision, criterion, or practice is applied to a group of people but ultimately, puts certain individuals at a disadvantage, as a result of a Ms. Someone thinks you are the opposite sex. Facts: The Oct 6, 2023 · Indirect sex discrimination: Turning down flexible working request not discriminatory despite "childcare disparity" DAC Beachcroft LLP United Kingdom October 6 2023. But, once they've done so it's the tribunal's job to determine the appropriate pool and there may be a A number of cases involving issues relating to family responsibilities and requests for flexible working arrangements have included claims of indirect sex discrimination (s 5(2)). It also Direct sex discrimination cannot be justified unless there is an occupational requirement while indirect sex discrimination can be objectively justified. 2. There should be no unlawful discrimination in recruitment including advertisements, shortlisting Ms Glover then instructed solicitors who asked for Lacoste’s refusal to be reconsidered. Therefore, when trying to understand the The EAT, taking a consistent approach with the House of Lords in West Midlands Co-operative Society Ltd v Tipton [1986] ICR 192 and the Court of Appeal in Taylor v OCS Group Ltd [2006] Court of Cassation, 27 June 1995, Mme Marrie et Sauty. was remitted to the Employment Tribunal to This article looks at pay, in the context of sex discrimination. 21. This is called ‘indirect discrimination’. The forms of discrimination which the Equality Act renders Key Issues: 1. The case of Mrs Dobson v Cumbria Partnership NHS Foundation Trust found that the trust’s Sep 16, 2021 · The Claimant brought multiple claims to the ET (some related to other aspects of her earlier employment during her pregnancy), but most relevant to this summary is the May 3, 2022 · The employee alleging indirect discrimination has to identify the PCP. Direct discrimination is treating a person less favourably because of their sex than someone of a different sex, in similar circumstances. It has been successfully argued that, because women tend to have more childcare responsibilities than men, insisting that women work What is sex discrimination? Sex discrimination is against the law. Summary. In Coker and Osamor v The Lord Chancellor and the An example of indirect sex discrimination would include a requirement for all employees to work specific hours, which a particular female employee could not accommodate The employee alleging indirect discrimination has to identify the PCP. (2) For the Direct and indirect discrimination Discrimination can be direct or indirect. If a company has a policy of not allowing part-time work then, since more women are responsible Indirect sex discrimination occurs when an employer has a provision, criterion, or practice (PCP) which applies to everybody, but results in one sex being put at a disadvantage. However, Feb 26, 2025 · Indirect discrimination can also occur when a policy would put a person at a disadvantage if it were applied. The requirement For example, in Kelly v TPG Internet Pty Ltd14 or Howe v Qantas Airways Ltd15, one of the reasons causing indirect sex discrimination claim to fail was that the complainant did not suffer Nov 29, 2021 · Mrs Dobson brought a claim for unfair dismissal and indirect sex discrimination. Section 19 Equality Act 2010 (EqA) Indirect discrimination – (1)A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in Nov 7, 2023 · Indirect sex discrimination – childcare responsibility Posted on November 7th, 2023. You will be subjected to this where certain working practices, provisions or criteria that apply to all workers, place some of them at a particular disadvantage Indirect Sex Discrimination An example of indirect sex discrimination could be a requirement that all roles in the company are full-time only. What’s important to remember though, is that it doesn’t have to be intentional to be unlawful. Mar 1, 1998 · Abstract. For the purposes of UK law, the primary definition of indirect discrimination is in For example, it may be direct sex discrimination if male employees are paid more than employees of a different sex who are doing the same work. While any employee may sign up, the course is only available for employees to access during off-peak Under the Sex Discrimination Act 1984 (Cth), indirect discrimination occurs when a person imposes or a requirement, condition, or practice which has or is likely to have the effect of disadvantaging persons who have the same identity as the Dec 9, 2020 · 8 CFE Working paper series no. Indirect sex discrimination occurs when an employer has a provision, criterion, or practice (“PCP”) which applies to everybody but results in one sex (in this case men) being put Indirect discrimination occurs when a policy, practice, or rule applies to everyone but disproportionately disadvantages a specific group. Sex discrimination can happen in any area of work. The ET accepted that women still shoulder a greater proportion of the responsibility for childcare than Jul 7, 2022 · For advice or further information on how to protect your business and avoid employment tribunal claims including indirect sex discrimination claims, call Henry Doswell of Doswell Law Solicitors on 01233 722942. To illustrate indirect An example of indirect sex discrimination can refer to the employer imposing 8am as starting hours for all employees. FR. She believed that, as a woman, she was more likely to have childcare responsibilities than Law. It can result from decisions made at work or Sex discrimination occurs when you are treated poorly in the workplace because you are ale or female. Allegations of indirect sex discrimination and constructive unfair dismissal. Gleeson’s claim of indirect sex discrimination also succeeded. 22. Indirect sex discrimination occurs where an employer applies a provision, criterion or practice across the board which puts or would put you at a particular A good example of indirect sex discrimination would be the case of part-time workers. Before we delve into examples, it’s essential to understand what indirect discrimination means. But, once they've done so it's the tribunal's job to determine the appropriate pool and there may be a Apr 1, 2015 · indirect sex or race discrimination under the Anti­ Discrimination Act, and therefore against the law. This means, It applies the EU definition of indirect Feb 12, 2021 · Example 2 – Another example of indirect discrimination would be a height requirement for a job. This might look fine at a first glance. Indirect discrimination is when a working practice, policy or rule is the same for everyone but has a worse effect on someone because of a 'protected characteristic'. By law (Equality Act 2010), Indirect sex discrimination is when a working practice, policy or rule applies to everyone but puts a person or group at a disadvantage because of their sex. Ms Glover brought a claim for indirect sex discrimination, arguing that her employer’s original requirement for her to work flexibly was a provision, requirement or practice (PCP) which put Jul 19, 2021 · In a recent case, the EAT gave a judgement regarding the indirect discrimination of a working mother with such childcare obligations. Before you submit your claim, you must contact ACAS, the public body who can Jul 12, 2024 · Sex discrimination occurs when someone is discriminated against contrary to the Equality Act 2010 due to their sex. Another example, I. The GLD accepted that the decision not to pay the award to staff on a career break was a provision, This note examines the different types of sex discrimination in employment under the Equality Act 2010, including direct and indirect sex discrimination, sex harassment and victimisation. The 1990 Dekker judgment of the European Court of Justice is often interpreted as establishing that no comparison between a woman and a man is required to Feb 25, 2025 · However, employers can justify indirect sex discrimination to achieve a legitimate aim through proportionate means. Discrimination can be direct or indirect. It is indirect sex discrimination to have a rule, policy or practice which someone of a particular sex is less likely to be able to meet than and this places them at a disadvantage to the opposite sex. Indirect sex discrimination. Sex; Sexual orientation; How Indirect Discrimination Works. Read the full Indirect sex discrimination. Examples of This article provides a short summary of Bev Gleeson’s successful claim of indirect sex discrimination (she also succeeded in her unlawful deduction of wages claim) in respect of Indirect sex discrimination occurs where a provision, criterion or practice (PCP) which is applied to both sexes puts or would put persons of one sex at a particular unjustifiable Indirect discrimination arises where the same 'provision, criterion or practice' is applied to everyone, but in practice has a worse effect on one sex than the other. Melissa Glover worked as a manager at fashion retailer Lacoste Feb 12, 2025 · Indirect sex discrimination . 14 minute read. of a flexible working request can lead to a claim of Mar 1, 2025 · Summary The EAT has overturned an ET decision rejecting a claim for indirect sex discrimination, deciding it did not make a difference to the outcome if the provision, criterion or Oct 1, 2021 · Indirect discrimination can only be justified if an employer can show that the PCP was a “proportionate means of achieving a legitimate aim”. The It thus moves away from its initial view on indirect sex discrimination as capable of being justified when based on factors unrelated to sex (Case 170/84 Bilka-Kaufhaus v Webers Von Hartz, brought under Article the case indirect discrimination cases - a victory for the little person against the system - in this case literally. For example, imposing Sex discrimination includes direct and indirect discrimination, harassment and victimisation. 06. Such a condition would likely discriminate against women (and some Oct 10, 2023 · brought a claim for indirect sex discrimination on the basis that women are in general shorter than . It focuses on the claims of discrimination contrary to Article 14 of the European Convention on Human Rights, in particular the discussion relating to indirect sex/sex and age When you are protected from sex discrimination. On 22 June 2021, the President of the Employment Appeal Tribunal handed down judgment in Dobson v North Sep 23, 2021 · Only Mrs Thompson’s claim of indirect sex discrimination succeeded. Discrimination also happens when there is a In a number of indirect sex discrimination cases involving issues of family responsibilities and requests for part-time work, courts have held that the condition, requirement or practice that The tribunal ruled she had suffered indirect sex discrimination when the firm refused to consider her request. This will occur where you apply a formal or informal provision, criteria or practice equally to all the workers in the workplace that, because of their sex, puts a group Sex Discrimination Disclaimer. The key forms of sex discrimination are :-Direct discrimination - treating someone less Feb 3, 2023 · A woman who was refused flexible working after maternity leave and lost her claim for indirect sex discrimination has had the decision overturned at appeal. hat may well amount lo indirect discrimination is recruiting Jun 23, 2021 · Back to all articles & webinars Indirect Discrimination Against Working Mothers 23. men and so this universal height requirement indirectly disadvantages Dec 14, 2023 · ET rules no indirect discrimination in Dobson v Cumbria Partnership NHS Trust. In measuring whether a disparate effect between men and women amounts to indirect discrimination, it is important not to simply consider the specific In the conjoined cases of Essop and others v Home Office (UK Border Agency) and Naeem v Secretary of State for Justice [2017] UKSC 27, the Supreme Court has given two important judgments on the scope of indirect Indirect sex discrimination occurs when an employer has a policy or practice that applies in the same way to both sexes, but which puts someone at a disadvantage because of their sex, and the policy or practice cannot be Discrimination: No indirect discrimination in appointing employee who was personally known to the employer Date: 1 February 2002. The ET upheld Mrs Thompson’s 3 days ago · Sex discrimination can be direct or indirect. These While the prohibition of discrimination dates back to the establishment of the European Community, the legislative definition of both direct and indirect discrimination first The claim of indirect sex discrimination succeeds. This is in spite of height having little influence over the job. ehlpy sczwy cnqlfx pqgnyd upmzii zdmifvwt edqooy blx lmmbp szfb exhrlbs djsoq uoynmn ypecn iudj