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

Employment – Discrimination. The claimant employees brought a test claim before the employment tribunal, contending that members of the black and minority ethnic group and those over the age of 35 suffered indirect discrimination in that they were more likely to fail an assessment leading to eligibility for promotion. The Court of Appeal, Civil Division, in allowing the employer's appeal, held that the claimants had to prove the nature of the group disadvantage for the purposes of surmounting the hurdle in s 19(2)(b) of the Equality Act 2010 and that each claimant had to also prove that he had suffered the same disadvantage for the purposes of surmounting the hurdle in s 19(2)(c) of the Act.

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