Q&As

Can a one-off action or event, with no element of repetition, amount to a provision, criterion or practice (PCP) within the meaning of section 19 of the Equality Act 2010?

read titleRead full title
Published on LexisPSL on 30/10/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Can a one-off action or event, with no element of repetition, amount to a provision, criterion or practice (PCP) within the meaning of section 19 of the Equality Act 2010?

Can a one-off action or event, with no element of repetition, amount to a provision, criterion or practice (PCP) within the meaning of section 19 of the Equality Act 2010?

A person indirectly discriminates against another (the complainant) if the complainant possesses any one of the protected characteristics other than ‘pregnancy and maternity’ and the person:

  1. applies a provision, criterion or practice (PCP) to the complainant

  2. applies, or would apply, the same PCP to persons who do not possess the same protected characteristic as the complainant

  3. that PCP puts, or would put, persons who possess the complainant's protected characteristic at a particular disadvantage when compared with persons who do not possess it

  4. that PCP puts, or would put, this individual complainant at that disadvantage

  5. the person cannot show that the PCP is ‘a proportionate means of achieving a legitimate aim’

The concept of a PCP is not defined in the Equality Act 2010.

The Equalities and Human Rights Commission Statutory Code of Practice on Employment states that the phrase ‘should be construed widely so as to include, for example, any formal or informal policies, rules, practices, arrangements, criteria, conditions, prerequisites, qualifications or provisions. A PCP may also include decisions to do something in the future—such as a policy or criterion that has not yet been applied—as well as a “one-off” or discretionary decision’.

The protective nature of the

Related documents:

Popular documents