Labour & European Law Review
15 September 2016
According to figures published last week by the Office for National Statistics (ONS), the number of people on zero-hours contracts has increased by a fifth compared to a year ago.
Although tribunals have the power to strike out a party’s case, the Employment Appeal Tribunal (EAT) has held in Arriva London North Ltd v Maseya that it should only be applied in exceptional circumstances after proper consideration as to whether the sanction to strike out is proportionate.
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 Dutton v The Governing Body of Woodslee Primary School and anor, the Employment Appeal Tribunal (EAT) held that when assessing justification, tribunals must weigh up the importance of the legitimate aim against the discriminatory effect of the treatment.