Labour & European Law Review
07 September 2016
MPs on the Women and Equalities Committee have called on the government to urgently take action to counter a “shocking” increase in pregnancy discrimination over the last ten years.
Indirect discrimination occurs when an employer applies a provision, criterion or practice (PCP) which discriminates against a worker in relation to a protected characteristic, unless it can be justified. In XC Trains Ltd v CD and ors, the Employment Appeal Tribunal (EAT) held that tribunals must balance the discriminatory effect of the PCP on the worker against the legitimate aim of the employer when deciding on justification.
Claimants are required to fill in all relevant boxes on an ET1 form before submitting a tribunal claim. However, in The Trustees of the William Jones’s Schools Foundation v Parry, the Employment Appeal Tribunal (EAT) held that tribunals cannot reject a claim without a hearing under the Employment Tribunals Rules of Procedure 2013, even if the ET1 “cannot sensibly be responded to”.