John-Paul Waite acts in successful indirect discrimination appeal in the case of Home Office v Essop.

The Court of Appeal has today allowed the Home Office’s appeal in the case of Home Office v Essop [2015] EWCA Civ 609. John-Paul Waite acted as junior counsel for the Home Office and was led by Naomi Ellenbogen QC from Littleton Chambers. The case concerned the phenomenon entitled “differential impact” whereby one protected group performs statistically less well in in a selection procedure than another.The Claimants argued that indirect discrimination was necessarily established if a person (i) fell within the underperforming group and (ii) failed the selection procedure. The Court rejected this argument, holding that it was necessary for a Claimant to identify the reason why their protected group was at a disadvantage and to show that this reason applied to their case.

 

The full judgment can be read here: Home Office v Essop Final