Under the Equality Act 2010, direct discrimination happens when someone is treated less favourably because of a protected characteristic, such as race. To succeed in a direct discrimination claim, an employee must show:
- Facts from which discrimination could be inferred.
- A suitable comparator – someone in similar circumstances who was treated more favourably.
If these two criteria are met, the burden of proof shifts to the employer to show that the treatment was not discriminatory.
Leicester City Council v Parmar
In this case, Mrs Parmar, a British employee of Indian origin, worked as a senior social worker for the Council. She was investigated for misconduct and temporarily removed from her role. She claimed this was direct race discrimination because:
- The only other senior staff members investigated in this way were also of Asian origin.
- No white colleagues of similar seniority had been treated in the same way.
- The same manager had only commissioned disciplinary investigations against Asian staff.
Both the employment tribunal and the Employment Appeal Tribunal agreed that there was enough evidence to suggest possible discrimination, shifting the burden to the Council to justify its actions. The Council failed to do so. The Council appealed this finding to the Court of Appeal.
Court of Appeal ruling
The appeal was dismissed. Key points included:
- The comparators used were appropriate, even though their situations weren’t identical.
- The tribunal didn’t believe the Council’s explanation (that they had relied on HR advice and witness interviews) was credible – and if the explanation doesn’t hold up, it can’t disprove discrimination.
Lessons for employers and HR professionals
- Consistency is key
Always follow the same process when handling disciplinary matters to reduce the risk of discriminatory treatment. - Document decisions
Ensure any deviation from normal process is supported by written justification to protect against future claims. - Flex with care
If a different approach is needed in a specific case, keep a clear record of why. This helps show that decisions were based on legitimate, non-discriminatory reasons.
Further reading
- Discrimination – Your rights – Gov.uk
- Your rights under the Equality Act 2010 – EHRC
- The Equality Act 2010 – Gov.uk
If you enjoyed this blog then perhaps you’d like to sign up to our monthly newsletter. We’ll keep you updated on what’s new in employment law.
The team at Hunter Law is here for you. We can handle your HR issues, finesse your policies, and keep you up-to-date on evolving legislation. Please get in touch with our legal team, we’d love to help.
