Journal article

Indirect Discrimination Law: Causation, Explanation and Coat-Tailers

Tarunabh Khaitan

Law Quarterly Review | Sweet and Maxwell | Published : 2016

Abstract

The Court of Appeal’s recent judgment in Home Office v Essop [2015] EWCA Civ 609; [2015] I.R.L.R. 724 has attempted a remarkable revision of the law on indirect discrimination. By understanding the wrong in individualistic terms and by imposing an additional—explanatory—burden on claimants, the judgment raises the bar considerably for indirect discrimination claims, very possibly violating EU law.

University of Melbourne Researchers