RACE DISCRIMINATION – Direct
PRACTICE AND PROCEDURE – Striking-out/dismissal
The basis of the Claimant’s claim of race discrimination, properly understood, was that the attitude of a manager who had described her, an Afro-Caribbean, as a coconut or Bounty Bar, caused her to treat the Claimant differently from an employee who behaved stereotypically consistently with their race or ethnic origin. The Employment Judge erred in not considering that it was arguable that an Employment Tribunal should consider how a hypothetical white comparator would be treated in the circumstances and that on the basis of allegations in the ET1 it could not be said that the claim of race discrimination should be struck out as having no reasonable prospect of success. Anyanwu v South Bank Students’ Union [2001] IRLR 305 considered.
The victimisation claim was rightly struck out as having no reasonable prospect of success.
Judges:
Slade DBE J
Citations:
[2017] UKEAT 0127 – 17 – 2112
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 02 April 2022; Ref: scu.601928