Supreme Court
Essop and others v Home Office (UK Border Agency)
Naeem v Secretary of State for Justice
[2017] UKSC 27
2017 April 5
Baroness Hale of Richmond DPSC, Lord Clarke of Stone-cum-Ebony, Lord Wilson, Lord Carnwath, Lord Hodge JJSC
Discrimination Indirect discriminationProofProtected characteristicsClaimants in first case part of group of employees with race and age characteristics disproportionately failing test for promotionClaimant in second case Muslim chaplain employed in Prison Service Pay system based partly on length of service Fewer Muslim chaplains on higher grades as none employed before 2002 Claims of indirect discriminationWhether necessary for claimants to show that their protected characteristics material cause of relevant group and individual disadvantageWhether pay system indirectly discriminating against Muslim chaplain Whether justified Equality Act 2010 (c 15), s 19

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