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Provision, Criterion or Practice

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Can a one-off decision amount to a provision, criterion or practice (PCP) for the purposes of complaints under the Equality Act 2010 of failing to make adjustments or indirect discrimination?

Sometimes, held the Court of Appeal in Ishola v Transport for London, but not in the case of a one-off decision in an individual case where there is nothing to indicate that the decision would apply in future.

The Claimant sought to argue that the Respondent operated a PCP of requiring him to return to work without concluding a proper and fair investigation into his grievances. The tribunal held that this was not a PCP but a one-off act in the course of dealings with one individual.

The Court of Appeal agreed with the EAT that there was no error of law. The concept of a PCP does not apply to every act of unfair treatment of a particular employee.

Thanks to Tim Kenward of 7 Harrington Street Chambers for preparing this case summary.