Feminist Jurisprudence

Feminist Jurisprudence

Feminist Jurisprudence

Although claims of multiple discrimination are often watered down to claims of a single ground, it would be incorrect to state that no moves towards the recognition of multiple discrimination had been made in the UK. In fact, even the failed attempts to claim multiple discrimination in the Pearce and Coker and Osamor cases of 2001 have brought the issue of multiple discrimination to the notice of claimants, the legal community and public interest groups so it seems clear that legal change is indeed on the horizon.

Additive Discrimination

Claims of additive multiple discrimination have already occasionally been made before an employment tribunal. In Khanum v IBC Vehicles Ltd (2002), a Muslim woman who suffered discrimination in the workplace after she started to wear a hijab brought a successful claim of discrimination on the grounds of both race and sex. The tribunal in this case considered the aspects of race discrimination suffered in isolation from sex discrimination suffered and vice versa, and so adopted an additive approach. Although such cases have no binding effect, they may well have a persuasive effect if, in future, cases clearly involving additive multiple discrimination are brought before the higher courts.