EAT Unfair Dismissal – Race Discrimination – In the case of the First Claimant, the Employment Tribunal had made (unchallenged) findings that the Respondent had not established a fair reason for the dismissal and had no reasonable grounds for the reason it had relied on. The Respondent’s arguments on appeal failed to engage with these conclusions, which undermined both its case on unfair dismissal but also on discrimination.
In the Second Claimant’s case, the Tribunal’s findings of fact in respect of the race discrimination claim were not susceptible to challenge and undermined the Respondent’s arguments in respect of the unfair dismissal case.
Generally, the Employment Tribunal had not erred in its approach to construction of a hypothetical comparator. Applying Ahsan v Watt [2008] IRLR 243 HL, the Tribunal had been entitled to look at the Respondent’s treatment of other white employees, albeit that they were not strict comparators, in determining how a hypothetical comparator would have been treated in like circumstances.
Both liability appeals dismissed.
Eady QC HHJ
[2014] UKEAT 0441 – 13 – 2305
Bailii
England and Wales
Employment
Updated: 04 December 2021; Ref: scu.526091
