Legal principle
A provision, criterion or practice normally describes a rule, policy, practice or state of affairs with an element of repetition or continuing application. It is not a phrase that automatically covers every one-off act or decision.
What the court decided
The Court of Appeal warned against treating PCP as a catch-all expression. The alleged PCP must be identified clearly enough for group and individual disadvantage to be tested.
The practical test
- 1
State precisely the rule, practice or continuing state of affairs relied upon.
- 2
Show how it was or would be applied beyond the isolated facts of the complaint.
- 3
Connect that PCP to the required disadvantage and, where relevant, justification analysis.
How tribunals apply it
- A single application of an existing policy may evidence a PCP even though the decision happened once.
- A purely one-off decision with no element of repetition may not be a PCP.
- Careful pleading matters because different PCP formulations can produce different disadvantage evidence.
Connected legislation
WorkDisputes tribunal data
Recent decisions involving related issues
These decisions are selected from topic classifications in our public Employment Tribunal dataset. A matching topic does not mean the decision applied this authority directly.
Discrimination and Harassment
Employer: LIFE Multi Academy Trust
The Tribunal found that the respondent discriminated against the claimant in relation to the sending of a letter of 15 December 2022, but dismissed all other claims of discrimination, harassment, and victimisation, resulting in a split overall outcome with remedy reserved.
Legal Issues (10)
- Disability discrimination under sections 15
- 20-21
- 26
- 27 of the Equality Act 2010
- constructive knowledge of disability
- proportionality
- reasonable adjustments
- harassment
- victimisation
- causation and influence of protected acts
Reference: 2600754/2023
Discrimination and Harassment
Employer: Department of Work and Pensions
All claims were withdrawn by the claimant and dismissed by the Tribunal.
Legal Issues (4)
- Disability discrimination
- harassment
- reasonable adjustments
- withdrawal of claims
Reference: 6020902/2024
Discrimination
Employer: Ocado Central Services Ltd
The claimant succeeded in part on reasonable adjustments claims but failed on the claim regarding the attendance management procedure, resulting in a split outcome and an award of £23,410.87.
Legal Issues (4)
- Reasonable adjustments under sections 20-21 and schedule 8 of the Equality Act 2010
- attendance management procedure as a PCP
- remedy including compensation for financial loss and injury to feelings
- recommendations under section 124(3)
Reference: 1305252/2024
Discrimination and Whistleblowing
Employer: Greenlight Recruitment Ltd
The claimant succeeded in his whistleblowing detriment claim but failed in his disability discrimination claim; remedy for the successful claim is to be determined at a later hearing.
Legal Issues (4)
- Disability discrimination under sections 20 and 21 Equality Act 2010 – whether the respondent applied a provision
- criterion or practice (PCP) that placed the claimant at a substantial disadvantage
- whether the respondent had a duty to make reasonable adjustments as an employment service provider. Whistleblowing detriment under section 47B Employment Rights Act 1996 – whether the disclosure was a qualifying protected disclosure under section 43B (information tending to show a failure of health and safety protection, in the public interest)
- whether the disclosure was a material cause of the detrimental treatment (cessation of shifts and termination)
Reference: 6017871/2024
Unfair Dismissal, Discrimination and Harassment
Employer: Blossom Homecare Ltd
All claims were dismissed: unfair dismissal upon withdrawal, and the discrimination and harassment claims were out of time.
Legal Issues (2)
- Time limits for discrimination and harassment claims under the Equality Act 2010
- withdrawal of an unfair dismissal claim
Reference: 6017618/2025
Unfair Dismissal, Discrimination and Unpaid Wages
Employer: Culture Squared CIC
The status hearing allowed discrimination and wages claims to proceed, but an earlier unfair dismissal claim was struck out for lack of jurisdiction, resulting in a split overall outcome.
Legal Issues (6)
- Determination of employment status under section 230 Employment Rights Act 1996 and section 83 Equality Act 2010
- mutuality of obligation
- personal service
- control
- subordination. Also
- jurisdictional bar for unfair dismissal due to insufficient continuity of service
Reference: 6029867/2025