[2025] UKFTT 01347 (GRC)

Indirect Discrimination: The Appellant argued that the English-Welsh only requirement for the ADI standards check constituted a provision, criterion or practice (PCP) that indirectly discriminated against individuals with the protected characteristic of race (specifically, ethnic or national origin), as defined under section 9 of the Equality Act 2010. The Appellant, a native Gujarati speaker, contends that the language requirement places and has placed him at a particular disadvantage, especially in high-pressure oral/practical assessments.

Public Sector Equality Duty (PSED): The Appellant submits that the Respondent failed to comply with its continuing duty under section 149 of the Equality Act 2010 to have due regard to the need to eliminate discrimination and advance equality of opportunity. The Respondent’s reliance on a 2013 consultation and 2014 impact assessment is said to be outdated and not specific to ADI testing.

Fairness and EDI Policy: The Appellant contends that the Respondent failed to implement its own Equality, Diversity and Inclusion (EDI) policy, which includes commitments to remove barriers for individuals with protected characteristics. The Appellant argues that this failure renders the testing process procedurally unfair.