EAT RACE DISCRIMINATION – Direct
The Employment Tribunal found that the Claimant had been treated less favourably because of race in connection with a move from the Waltham Forest and Redbridge Group to the East Group of the Magistrates’ Courts in London. This was issue 2.1 in a list of issues agreed for the hearing. However, the Employment Tribunal found that his claim in respect of this issue was out of time; and it declined to extend time.
As to issue 2.1: held (1) the Employment Tribunal had applied the wrong legal test when making its finding of direct race discrimination; (2) the Employment Tribunal had not erred in law in finding that the claim was out of time and in declining to extend time.
In respect of all other issues relating to discrimination (issues 2.2 to 8 which encompassed direct race discrimination, harassment and victimisation) the Employment Tribunal found against the Claimant. The Claimant appealed on the ground that the Employment Tribunal failed, when deciding whether to draw inferences or apply the burden of proof provisions, to consider its findings in totality.
Held: the Employment Tribunal had not erred in law in this way.
Appeal dismissed.
David Richardson HHJ
[2015] UKEAT 0390 – 14 – 0707
Bailii
England and Wales
Employment, Discrimination
Updated: 02 January 2022; Ref: scu.550128