DO YOUR POLICIES DISCRIMINATE?

摘要

Recent statutory changes may make it more difficult for employees to bring unfair dismissal claims, but this may mean discrimination claims increase. This is not necessarily good news for employers as, unlike unfair dismissal compensation, awards for discrimination are not subject to any cap and employees can also claim monies for 'injury to feelings'. Indirect discrimination arises where there is a 'provision, criterion or practice' applied by the employer that places persons with a protected characteristic at a particular disadvantage. The only defence will be where it can be demonstrated that the policy is 'objectively justified' - a proportionate means of achieving a legitimate aim.