LRD guides and handbook October 2018

Equality Law at Work 2018 - a guide for trade unions and working people

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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.


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