Employers may have breathed a sigh of relief when the Court of Appeal ruled in CLFIS (UK) Ltd v Reynolds that in direct discrimination cases there is no need to consider mental processes of those influencing the sole decision-maker. To rule otherwise would have widened the scope of the burden of proof on employers. But the sting in the tail is the Court’s observation that separate actions can be brought against those providing information to the decision maker if they have acted in a discriminatory way. Makbool Javaid, Partner and Head of Employment Law looks at the practical implications for employers in disciplinary and grievances situations and sets out guidance for preventing discrimination, how to be clear about who is alleged to have committed the discriminatory act and who is liable, as well as providing a checklist for employers to follow.
This article appeared in the CIPD online HR Inform magazine on 15 May 2015
Link for CIPD members: Checklist for discrimination-free decision making
Link for non-CIPD members: Checklist for discrimination-free decision making