
Pigott writes: ‘Perhaps because there was no parallel claim for indirect discrimination, this is believed to be the first EAT decision where a human rights analysis has provided the starting point for the analysis of the “reason why” question under s 13 of the Equality Act 2010 (EqA 2010), which provides the statutory definition of direct discrimination.’
In its judgment, the Employment Appeal Tribunal offered guidance to help employment tribunals approach the proportionality assessment in this and future cases.