Naeem v Secretary of State for Justice [2017] UKSC 27

Research output: Contribution to journalArticlepeer-review

28 Downloads (Pure)

Abstract

In Naeem, Muslim prison chaplains were paid less than Christian ones. There were two standout reasons for this: first, a length of service pay criterion, and second, no Muslim chaplains were employed before 2002. Hence, Muslim chaplains tended to have a shorter length of service and registered lower on the pay scale. Using significant statistic as evidence, a Muslim chaplain made a claim of indirect (religious) discrimination under the Equality Act 2010, section 19.

Section 19(1) provides that an employer discriminates if it applies a provision, criterion or practice (PCP) that ‘puts’ the claimant, and those sharing his/her protected characteristic, at a ‘particular disadvantage’ when compared with those not sharing the protected characteristic. If the claimant establishes this prima facie case, the burden shifts to the employer to show that the challenged practice is objectively justified.
Original languageEnglish
Pages (from-to)4-6
Number of pages3
JournalEmployment Law Bulletin
Volume140
Publication statusPublished - 1 Jul 2017

Keywords

  • detriment
  • indirect discrimination
  • protected characteristics
  • race discrimination
  • religious discrimination

Fingerprint

Dive into the research topics of 'Naeem v Secretary of State for Justice [2017] UKSC 27'. Together they form a unique fingerprint.

Cite this