Braithwaite and others v HCL Insurance BPO Services Ltd; Edie and others v HCL Insurance BPO Services Ltd

Employment – Discrimination. The employees were dismissed for refusing to agree to new contractual terms. They brought a claim against the employer for indirect age discrimination, claiming that the new terms put older employees at a disadvantage. The employment tribunal held that the employer had applied a provision, criterion or practice (PCP) for the purposes of s 19 of the Equality Act 2010, but that the PCP was objectively justified. On appeal by both parties, the Employment Appeal Tribunal held that the tribunal had not erred in: (i) finding that the new terms had amounted to a PCP; or (ii) finding that the PCP had been objectively justified.

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