In these conjoined appeals the question for the Supreme Court concerned indirect discrimination. This is where an employer puts a provision in place for all employees but the overall effect is particularly disadvantageous for certain groups with protected characteristics. Essop was required to pass a ‘Core Skills Assessment’ but statistics showed that older and BME candidates struggled when compared to other employees. Naeem is a Muslim chaplain in prison but pay is based on length of service and he has not been able to work as a salaried employee for as long as his Christian counterparts.

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