What is the legal development?
The European Court of Justice (ECJ) has got us all thinking again. In a recent case an electricity supplier in Bulgaria chose to install meters at an inaccessible height (to deter crime) in an area mainly populated by Roma people. The claimant, who lived in the same area but was not of Roma origin herself, complained that she had suffered indirect discrimination as she could not easily access the meter.
Until now, it has been accepted that claimants cannot bring indirect discrimination claims unless they themselves have the protected characteristic. This case will make us think again as the ECJ held in the Claimant’s favour finding that she had suffered a ‘particular disadvantage’ on the ground of race or ethnic origin.
What does this mean in practice for employers?
UK discrimination legislation is now at odds with this decision which will no doubt lead to ever more ingenious arguments and opportunities for employees to claim indirect discrimination (based on any protected characteristic, not just race!). However, a good business rationale should justify any indirect discrimination.
Our comment
It is always good practice to ensure that every action which has an impact on staff is justified by good business reason, whether or not there is a strict legal need to do so. This case just makes it even more important as those business reasons may be needed more often! Also, if an employer holds itself out as having particular values in the conduct of its business, their rationale may need to reflect those values too.