The appellant challenged a finding that it was guilty of indirect race discrimination. A statistical study showed that BME candidates did rather less well on a standard assessment test, but while the correlation was clear, the manner of discrimination was unidentifiable.
Held: The appeal succeeded. The claimants had to show why the requirement to pass the CSA put the group at a disadvantage and that he or she had failed the test for that same reason and the Court gave general guidance for the Employment Tribunal handling the claims.
Judges:
Sir Terence Etherton C, Lewison LJ, Sir Colin Rimer
Citations:
[2015] EWCA Civ 609, [2015] IRLR 724
Cite as: [2015] WLR(D) 269, [2015] IRLR 724, [2015] EWCA Civ 609,, : [2015] WLR(D) 269, [2015] ICR 1063
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Essop and Others v Home Office (UK Border Agency) EAT 16-May-2014
EAT Race Discrimination : Indirect – In a test case, it was assumed that BME candidates disproportionately failed the CSA test, passing which was necessary to progress to higher grades in the Civil Service. The . .
Cited by:
Appeal from – Essop and Others v Home Office (UK Border Agency) SC 5-Apr-2017
The appellants alleged indirect race and belief discrimination in the conditions of their employment by the respondent. Essop came as lead claimant challenging the tests used for promotion. Statistics showed lower pass rates for BME candidates, but . .
Lists of cited by and citing cases may be incomplete.
Discrimination
Updated: 25 July 2022; Ref: scu.549387