Less favourable treatment

Case 15: The facts

Academic lawyer Suriyakumari Hiranyamali Lane had worked for her employer for over 20 years, and applied for the job of head of department. The appointment criteria for the job favoured financial management skills over legal skills; she was not shortlisted as she did not have the management experience.

Lane claimed that the selection criteria were discriminatory against Asian lawyers, as relatively few Asian academic lawyers had risen to a level that would give them a proven track record in financial management.

The ruling

The EAT held that the employer had been unaware that the criteria could be discriminatory. For there to be an intention to apply a discriminatory requirement that will treat an individual less favourably on racial grounds, there must be at least some knowledge that the requirement is or may be discriminatory.

Lane v London Metropolitan University UKEAT/0846/03