InsightsInsight - Employment & HR - POSTED: October 30 2015
Provision, criterion or practice must be established in indirect discrimination claims
Employment Tribunals cannot fill the gap in the burden of proof to establish that there was a provision, criterion or practice (PCP) in discrimination cases
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The Employment Appeal Tribunal in the recent case of Bethnal Green and Shoreditch Education Trust v Dippenaar held that there was not sufficient evidence to prove indirect age discrimination when a teacher was dismissed due to the expense of her seniority.
The EAT held that there was no practice of dismissing employees on high salaries, which was what the teacher claimed, because this practice had not been repeated and it was not anticipated that it would be repeated.
The EAT held that the PCP must be established before the burden of proof could shift.
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