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INDIRECT DISCRIMINATION: Theirs not to reason why

05 May 2017  

The Supreme Court has ruled that claimants do not need to prove why they have suffered group disadvantage for their indirect discrimination claim to succeed, write Joanna Chatterton and Ed Livingstone

On 5 April, the Supreme Court handed down judgment in Essop v Home Office (UK Border Agency) [2017]. This is an indirect discrimination claim which highlights the need for employers to monitor their employee selection and assessment processes and criteria for evidence that they may be (albeit unconsciously) putting certain groups at a disadvantage. Even if the reasons for the disadvantage are not clear or cannot be explained at all, employers should nevertheless take proactive steps to change their systems to eradicate that disadvantage.

 

Additional Info

  • Case(s) Referenced:

    Chief Constable of Avon and Somerset Constabulary v Chew [2001] UKEAT/503/00

    Chief Constable of West Yorkshire Police v Homer [2012] UKSC 15

    Essop & ors v Home Office (UK Border Agency) [2017] UKSC 27

    Perera v Civil Service Commission [1982] IRLR 147

Last modified on 09 May 2017