LRD guides and handbook May 2017

Law at Work 2017

Chapter 7

Must you demonstrate disadvantage to a group of workers apart from just you? 



[ch 7: page 240]

Usually, although there are exceptions. In Eweida and Others v The United Kingdom [2013] IRLR 231, the European Court of Human Rights (ECHR) ruled that a British Airways check-in operative who was not allowed to wear a visible crucifix at work could claim indirect religious discrimination against her employer even though she was the only BA employee affected. 



In an important ruling, Essop and others v Home Office (UK Border Agency) [2017] UKSC 2, the Supreme Court has confirmed that claimants do not need to show the reason why a PCP put them at a disadvantage. It is enough to show evidence of group disadvantage – in this case, evidence that black and minority ethnic and older candidates had a lower pass rate for a civil service exam.