One of the advantages of having a solicitor represent you at an employment tribunal is that they are specifically trained to deal with cases in the employment tribunal on a daily basis.They are familiar with legal concepts and the arguments that can be...
Indirect discrimination will occur if a service provider applies a policy, condition or requirement across the board, which puts a service user who holds one or more of the protected characteristics listed in the Equality Act 2010, at a disadvantage.
An organisation may have a defence to a claim of indirect discrimination if it can objectively justify that the application of the policy, condition or requirement is a proportionate, (i.e. there is no reasonable alternative), way of achieving a legitimate aim (e.g. genuine health and safety reasons).
In order to utilise this defence, they would need to show clear evidence that it had conducted a balancing exercise between it’s business needs and the discriminatory effect and had given consideration to alternatives that might achieve the same result without being disadvantageous to the service user.