The Trust appealed against a finding of race discrimination. He was a doctor working as a locum. He had been summarily dismissed in breach of the respondent’s own procedures and professional standards.
Held: The appeal succeeded. The tribunal had erred in that it had made the assumption, for which there was no factual basis, that a hypothetical white comparator would have been treated differently. There was no warrant for making such an assumption, or for inferring that a comparable white doctor would have been treated any differently. Unreasonable treatment does not, without more, become discrimination merely because the person effected by it is from an ethnic minority.
Judges:
Peter Clark J
Citations:
[1998] UKEAT 565 – 97 – 2104
Links:
Statutes:
Citing:
Cited – Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council HL 16-Oct-1997
The absence of any other explanation for the unfair dismissal of a black worker, does not of itself and inescapably lead to finding of race bias, or racial discrimination. He had been dismissed following complaints of sexual harassment, later found . .
Cited – Khanna v Ministry of Defence EAT 1981
EAT Browne-Wilkinson P said: ‘If the primary facts indicate that there has been discrimination for some kind, the employer is called on to give an explanation and, failing clear and specific explanation being . .
Cited – King v Great Britain China Centre CA 1991
The court considered the nature of evidence which will be available to tribunals considering a race discrimination claim.
Held: A complainant must prove his or her case on the balance of probabilities, but it is unusual to find direct evidence . .
Cited – Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council HL 16-Oct-1997
The absence of any other explanation for the unfair dismissal of a black worker, does not of itself and inescapably lead to finding of race bias, or racial discrimination. He had been dismissed following complaints of sexual harassment, later found . .
Cited by:
Appeal from – Effa v Alexandra Healthcare NHS Trust CA 5-Nov-1999
The tribunal’s decision was found to have confused unreasonable treatment with discriminatory treatment. ‘It is common ground that an error in law is made by a tribunal if it finds less favourable treatment on racial grounds where there is no . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 16 June 2022; Ref: scu.206308