Chapter 13
Indirect discrimination in promotion
[ch 13: page 98]Promotion procedures can produce indirect discrimination if the way the procedures operate makes it harder for members of a group with a protected characteristic to access promotion than their co-workers without the protected characteristic (Essop v The Home Office (UK Border Agency [2017] UKSC 27). If the employer cannot justify the procedure, it will be unlawful. This is explained in Chapter 7: Indirect discrimination.