Indirect discrimination

Case 5: The facts

Roger Spicer worked in a Spanish school in London under the control of the Spanish government. Although Spicer, as a UK national, was paid at a higher basic rate than some Spanish nationals, there were other workers with the status of Spanish civil servants who got paid significantly more due to a relocation allowance. Spicer claimed this amounted to indirect race discrimination.

The ruling

In cases such as this, the employer would usually be able to argue that, even if there was indirect discrimination, it was justified because the Spanish civil servants were living abroad and this was why they received the allowance.

Unusually, however, the employer could not rely on the defence of justification, because at an earlier stage in the case it had disobeyed an order made by the tribunal chair. As a result the tribunal used its powers to strike out the justification defence.

Spicer v Government of Spain Case A1/2004/0190