ET3 paragraph 6.1 precedent: defence to indirect race discrimination—denial of group disadvantage and justification as a proportionate means of achieving a legitimate aim
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Insert in para 6.1 of response form ET3:
- The Respondent accepts that, when assessing candidates for the English teacher post at their school, they applied a requirement that every applicant must speak and write English clearly and accurately to an acceptable standard for the role in question.
- The Respondent denies that this requirement placed individuals of the same [ enter details, eg race/ethnic/national origins ] as the Claimant [ specify ] at a particular disadvantage compared with others, though it is accepted that the Claimant personally was put at that disadvantage.
- In any case, the Respondent maintains that applying this requirement was a proportionate means of pursuing a legitimate aim, namely ensuring that pupils at the school received a good and effective education from teachers who were properly and fully competent to teach them well.
- Accordingly, it is denied that the Respondent indirectly discriminated against the Claimant because of his [ enter details, eg race/ethnic/national origins ].
- It is denied that the Claimant is entitled to the declaration sought, or to any declaration. It is further denied that the Claimant is entitled to the compensation claimed, or to any compensation...
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Web page updated on 22/05/2026
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