The importance of correctly identifying the relevant provision, criterion or practice (‘PCP’) and pool for comparison in any indirect discrimination claims – 3PB
‘This appeal, decided on 5 May 2023, raised the question whether, under section 41 Equality Act 2010 (“EqA”), workers employed by third-party contractors could rely on the principal’s own employees as comparators in a claim of indirect race discrimination relating to rates of pay. It highlights the importance of identifying, correctly, the relevant provision, criterion or practice (“PCP”) and pool for comparison, in any indirect discrimination claim, if necessary seeking further information or disclosure from the respondent in order to do so.’
3PB, 5th June 2023
Source: www.3pb.co.uk
