The Supreme Court has made a landmark decision that individuals do not need to prove why a rule has placed them at a disadvantage, or that the reason is connected with their protected characteristic (i.e. race, disability, sex etc), just that it has done so.

Once the individual has shown a person with their protected characteristic is placed at a disadvantage compared to those without it and that the individual has suffered the disadvantage, the burden passes to the employer to show that either the particular individual was not put at a disadvantage by the Provision, Criterion or Practice (PCP); the PCP is a proportionate means of achieving a legitimate aim; or that an exception applies.

This decision is likely to lead to an increased number of claims by individuals against employers so we recommend employers review any common practices or expectations against possible grounds for indirect discrimination to avoid potentially costly and reputation-damaging claims.