The Supreme Court has today given judgment in Essop v Home Office and Naeem v Secretary of State for Justice, significantly simplifying the law of indirect discrimination. The Court held unanimously that there is no obligation on a claimant in an indirect discrimination claim to prove either the reason why the PCP in question puts or would put the affected group at a particular disadvantage, or that that reason is related to his or her protected characteristic. The Court’s press summary can be found here. The judgment is here.
Sean Jones QC and Amy Rogers acted for Mr Naeem, instructed by Emma Hawksworth of Slater and Gordon and Marion Scovell of Prospect.
For an analysis of the Court’s judgment see here.