QUESTION 9 Arya is a taxi driver. Arya has been employed by Bean's Taxi Company (Bean's) since 2017. All taxi drivers at Bean's are required to pass an Advanced Driving Skills Assessment Test as a pre-requisite to promotion to the category of Senior Driver. The promotion comes with a pay rise and preferential treatment in being assigned bookings and time off for holidays. The test is a generic assessment test designed by the UK Drivers' Qualification Agency for advanced drivers in different industries. The stated purpose of the test is to evaluate the core skills required to operate as a skilled driver at more advanced levels and does not depend on the specific background or industry or the employment position of any individual driver. Arya has failed the test several months in a row. She is very distressed and humiliated because many of her younger colleagues with less driving experience have passed the test and have been promoted to Senior Driver ahead of her. All her younger colleagues who have passed the test are men. Arya is convinced that the real reason she has not been promoted is not because of failing the test, but because the directors of Bean's may have consciously or subconsciously encouraged the men to do well in the test. All the drivers who have failed the test are women, except for one woman who passed the test after several years in the job. Arya has discovered that in 2019, a report commissioned by the Drivers Licensing Authority from an independent panel of driving instructors revealed that women had lower test pass rates than men. The pass rate for women was found to be 40.3% of that of the men, and there was found to be only a 0.1% likelihood that this could happen by chance. Arya feels that with the distress and humiliation of multiple failures she is no longer able to work at Bean's. She now wishes to bring claims of indirect discrimination and constructive dismissal against Bean's. Advise Bean's Taxi Company on: a) their liability under the Equality Act 2010 for indirect discrimination; [10 marks] and b) their liability under the Employment Rights Act 1996 for constructive dismissal. (10 marks]