Home Office (UK Border Agency) v Essop & Ors

Home Office (UK Border Agency) v Essop & Ors

A claimant in an indirect discrimination claim must prove both group and individual disadvantage caused by the PCP. Statistical evidence may suffice to establish a prima facie case for both, shifting the burden to the employer, but does not guarantee success for every claimant. The tribunal must consider whether the...

Source-derived case information.

Parties
Appellant: Home Office (UK Border Agency); Respondents: Shafic Essop and Others
Jurisdiction
England and Wales
Judgment Date
22 June 2015
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed; guidance issued to Employment Tribunal on approach to claims.
Legal Topics
Indirect Discrimination, Burden of Proof, Objective Justification, Protected Characteristics, Statistical Evidence
Employment Law Equality and Discrimination Law Indirect Discrimination Burden of Proof Objective Justification Protected Characteristics Statistical Evidence

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Parties

Home Office (UK Border Agency)

Appellant

Shafic Essop and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 What must a claimant prove to establish indirect discrimination under section 19 of the Equality Act 2010?
  2. 2 Is it necessary for a claimant to show why a provision, criterion or practice (PCP) disadvantages a group and the individual claimant?
  3. 3 Can statistical evidence alone suffice to establish group and individual disadvantage for the purposes of section 19(2)(b) and (c)?

Ratio Decidendi

A claimant in an indirect discrimination claim must prove both group and individual disadvantage caused by the PCP. Statistical evidence may suffice to establish a prima facie case for both, shifting the burden to the employer, but does not guarantee success for every claimant. The tribunal must consider whether the individual claimant was disadvantaged in the same way as the group. If the employer can show the individual's disadvantage was not due to the PCP, the claim fails. The burden of proof provisions apply, and objective justification remains available to the employer.

Court Disposition

Appeal allowed; guidance issued to Employment Tribunal on approach to claims.

Orders

  • The Employment Tribunal is to proceed in accordance with the guidance provided by the Court of Appeal regarding the proof of group and individual disadvantage and the application of the burden of proof.