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

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.