Indirect discrimination claims
Image credit: Shutterstock
Indirect discrimination in the workplace can take many forms that not only includes prejudice and racist beliefs, but also neglecting individuals who take part in religious events or festivals.
One claimant, named Harvey, wished to take time off work in order to observe the Sabbath. Although this was accommodated by the employer, The City of Oxford Bus Services Ltd, the service he was provided was not permanent. Harvey then took this issue to court, claiming indirect discrimination. The respondent, however, argued their concerns about the effect that providing permanent absence to all employees in this circumstance would have on the overall workforce.
The fact that Harvey’s employment contract requires the claimant to work five days a week put the claim at an instant disadvantage. The respondent did allow Harvey to work on their Express Service which allowed him to take the required absences. However, this was only on a temporary basis and the Employment Tribunal did not have a sufficient explanation from the respondent about why this was the case. Due to the difficulties that the ET faced balancing these arguments, the case was taken back to the tribunal for reconsideration.
Click here to read the full case.