Slynn J said: ‘if the Tribunal finds that a substantial reason for what has happened is that a candidate has not been considered for a post or has been refused an appointment because of his or her race then it seems to us that the Tribunal is entitled to say there has been a breach of the legislation. If there are other grounds put forward which may also have been a factor it is for the Tribunal to say whether at the end the candidate has because of discrimination lost the chance of or lost the appointment’.
Judges:
Slynn J
Citations:
[1981] ICR 377, [1981] IRLR 133
Jurisdiction:
England and Wales
Cited by:
Appeal from – Owen and Briggs v James CA 1981
Sex need not be the sole ground on which the less favourable treatment is based. Provided that it is a significant factor, albeit one of a number of factors, the others being gender-neutral, it will be open to an Industrial Tribunal to find that . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 06 May 2022; Ref: scu.545151