The Supreme Court makes Indirect Discrimination simple again – 11 KBW

‘In the joined cases of Essop and Naeem ([2017] UKSC 27) the Supreme Court has taken on a daunting task: the simplification of indirect discrimination law. This is not a case note in the usual sense. We have not set out the facts, the law and then a statement of what is novel. At the hearing we tried to give the Supreme Court a new vocabulary to use as a tool for its analysis. The aim of this note is to explain that language as simply as we can. If we succeed, what we have to say will seem obvious. Those reading Lady Hale’s judgment (with which all of their Lordships agreed) will have had that experience. She has distilled, from an area of law that was submerging into great complexity, a handful of principles that dispel confusion and whch make intractable issues straightforward.’

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11 KBW, 5th April 2017