*Essop and others v Home Office (UK Border Agency)

Employment – Discrimination. The employees brought a test claim before the employment tribunal, contending that members of the black and minority ethnic group suffered discrimination in that they were more likely to fail an assessment leading to higher grades in the civil service. The employment tribunal (tribunal) held that the employees had to show, not only systematic disadvantage, but the reason for failing the assessment. The Employment Appeal Tribunal, allowing the employees' appeal, held that the tribunal had erred in asking that a further matter be established by an employee, for which s 19 of the Equality Act 2010 did not specifically provide.

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