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An example
often used to explain indirect discrimination involves the following
type of job advertisement; driver required, only candidates over
six feet tall should apply.
The height requirement is unnecessary and will affect more women than
men. The legislation requires employers to think carefully before imposing
unnecessary requirements upon employees. A disabled person cannot claim
indirect discrimination but there is often a legal duty to make reasonable
adjustments to premises and working arrangements. In practice this has
a similar effect.
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How much can it cost?
If a claim is successful, the Employment Tribunal can
make recommendations and award compensation. A recommendation involves
informing the employer what action they should take for the benefit of
the employee and an award of compensation will include injury to feelings
and any financial loses. There is no limit on the amount of compensation
which can be awarded.
The
employee always has the burden of proving discrimination. The employee
is not required to establish any conscious motive on the part of the employer.
Proof positive that the employer is a racist, sexist or would prefer not
to have disabled employees around is not necessary. Tribunals can and
will deal with cases of direct discrimination by drawing inferences from
the evidence.
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