Discrimination By The Backdoor
Indirect discrimination can be more difficult to raise awareness of. In employment law, indirect discrimination is where an employer enforces a ‘provision, criterion or practice' which applies equally to all employees but adversely affects one group more than others and cannot be justified. For example, London Underground lost an employment law claim made by a female employee to the Tribunal when they adjusted shifts, as she alleged the changes in shifts were indirect discrimination. The Tribunal found that no account had been taken of the need for childcare, thereby amounting to discriminatory treatment. Employers need to be very aware of how their working practice may affect different workers and ensure that a level playing field applies.