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Is an Expectation to Work Long Hours a "PCP"?

Possibly, determined the Court of Appeal (CoA) in the case of United First Partners Research v Carreras.

Mr Carreras was employed by a brokerage firm, and worked long hours. Following a bicycle accident, he reduced his hours but after some time he felt under pressure to increase them again.  Mr Carreras resigned and brought claims of disability discrimination.

In reaching it's decision, the CoA agreed that in these circumstances, an expectation for a disabled employee to work long hours amounted to a provision, criterion or practice (PCP) for the purposes of a disability discrimination claim based on a failure to make reasonable adjustments. 

This case demonstrates the broad nature of the concept of a PCP, the unbalanced imposition of which may give rise to claims of discrimination.  Employers should consider working practices and whether they are applied equally irrespective of any protected characteristic, or if not, whether there is an objective justification for the potential disparity.

For more information please contact Nicola Gray or Martin Sinclair, or call 01224 632464.

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