(5) Discriminatory Practices (6) Judicial Review : In most discrimination cases, there will be an identified victim who must establish that a detriment has been suffered. Where there is no such victim, action may be taken by the appropriate Commission. A discriminatory practice is an indirectly discriminatory practice where there is no identifiable victim. There is no power to take immediate action before an employment tribunal; the Commission can only act

doi:10.4324/9781843145585-109

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(5) Discriminatory Practices (6) Judicial Review

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ABSTRACT

In most discrimination cases, there will be an identified victim who must establish that a detriment has been suffered. Where there is no such victim, action may be taken by the appropriate Commission. A discriminatory practice is an indirectly discriminatory practice where there is no identifiable victim.154 There is no power to take immediate action before an employment tribunal; the Commission can only act through an NDN, having first completed a formal investigation.