Labour & European Law Review
20 April 2017
An inquiry by the Work and Pensions Committee into self-employment and the “gig” economy has highlighted illegal and unintelligible clauses in the contracts issued by certain companies.
In order to claim harassment related to disability, the Employment Appeal Tribunal held in Peninsula Business Service Ltd v Baker that claimants cannot just assert that they are disabled. Rather, they have to prove that they have a disability under section 6 of the Equality Act.
Claimants in indirect discrimination claims have to prove that their employer applied a PCP which put them (or anyone with the same characteristic) at a particular disadvantage. In the conjoined cases of Essop and ors v Home Office (UK Border Agency); Naeem v SofS for Justice, the Supreme Court held that it is not necessary for a claimant to show the reason for the disadvantage suffered in an indirect discrimination claim.