European Employment Law Cases

Case Reports

2017/27 Supreme Court clarifies indirect discrimination test (UK)

Keywords General discrimination, Indirect discrimination
Authors Soyoung Lee
Author's information

Soyoung Lee
Soyoung Lee is an Associate Solicitor at Lewis Silkin LLP (www.lewissilkin.com).
  • Abstract

      The Supreme Court has given a clear explanation of how the test for indirect discrimination works, holding that it is not necessary to know why a particular group is disadvantaged by an employer’s policy in order to show indirect discrimination. This decision is not particularly helpful for employers as it makes it easier for individuals to make an indirect discrimination claim. However, the Supreme Court emphasised that it is always open to an employer to show that indirect discrimination is justified.

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