Dr Anya v University of Oxford and Another: CA 22 Mar 2001

Discrimination – History of interactions relevant

When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality of the evidence on any material issue. Here the tribunal had made no findings as to allegations of earlier discriminatory behaviour, and so the conclusion that the instant act was not discriminatory was not supported, and a re-hearing was ordered.
‘The courts have repeatedly told appellants that it is not acceptable to comb through a set of reasons for hints of error and fragments of mistake, and to try to assemble these into a case for oversetting the decision. No more is it acceptable to comb through a patently deficient decision for . . just as the courts will not interfere with a decision, whatever its incidental flaws, which has covered the correct ground and answered the right questions, so should they not uphold a decision which has failed in its basic task, whatever its other virtues.’

Lord Justice Schiemann, Lord Justice Sedley And Mr. Justice Blackburne
Times 04-May-2001, [2001] EWCA Civ 405, [2001] IRLR 377, A1/2000/0293, [2001] ICR 847
Race Relations Act 1976
England and Wales
ApprovedQureshi v Victoria University of Manchester EAT 21-Jun-1996
The Industrial Tribunal only has jurisdiction to consider and rule upon the act or acts of which complaint is made to it. The questions on a complaint of race discrimination are: (a) Did the act complained of actually occur? (b) If the act . .
CitedKing 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 . .
CitedArmagas Ltd v Mundogas SA (‘The Ocean Frost’) CA 1985
Proof of corruption not needed for bribe
In establishing that money was paid as an improper inducement or bribe, proof of corruptness or a corrupt motive was unnecessary.
When a court looks at a decision of a judge at first instance, the court stressed the need to look at the . .
CitedSwiggs and others v Nagarajan HL 15-Jul-1999
Bias may not be intentional
The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim . .
CitedMeek v City of Birmingham District Council CA 18-Feb-1987
Employment Tribunals to Provide Sufficient Reasons
Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised.
Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an . .
Appeal fromAnya v University of Oxford and Another EAT 17-Dec-1999
. .
See AlsoDr C C Anya v University of Oxford Dr S G Roberts EAT 4-Feb-2003
EAT Race Discrimination – Inferring discrimination . .
See AlsoAnya v University of Oxford and Another EAT 1-Oct-1998
Preliminary hearing . .
CitedTchoula v Netto Foodstores Ltd EAT 14-Jul-1997
The appicant sought leave to appeal against refusal of his claim of race discrimination.
Held: Leave was granted on one point. The Industrial Tribunal under the heading ‘Dismissal’, referred to the fact that: ‘The applicant lacked the ability . .

Cited by:
FollowedMa v Shasonic Ltd EAT 16-Jul-2001
The appellant’s allegations of racial discrimination had been dismissed. He argued that the reasons given were inadequate. Because such claims are often unusually sensitive to the particular facts, it can be more important for the tribunal to deal . .
CitedA Bhadhuri v Doncaster Metropolitan Borough Council EAT 30-Apr-2002
EAT Race Discrimination – Jurisdiction
The applicant challenged dismissal of his claim for direct race discrimination by his employers. He said that his employers failure to support his career progression . .
CitedThe Law Society v Kamlesh Bahl EAT 7-Jul-2003
EAT Sex Discrimination – Direct
The complainant had been suspended from her position as Vice President of the Law Society. The Society and its officers appealed findings of sex and race discrimination . .
CitedDeman v The Association of University Teachers and Others EAT 2-Jul-2003
EAT Practice and Procedure – Estoppel
EAT Practice and Procedure – Estoppel or Abuse of Process. . .
CitedLaw Society v Bahl CA 30-Jul-2004
The claimant had succeeded before the employment tribunal in her claim of race discrimination by the respondent and senior officers. She now appealed the reversal of that judgment. The claimant asked the tribunal to draw inferences of discrimination . .
See AlsoDr C C Anya v University of Oxford Dr S G Roberts EAT 4-Feb-2003
EAT Race Discrimination – Inferring discrimination . .
CitedF and C Asset Management Plc and others v Switalski EAT 23-May-2008
EAT Sex Discrimination – Comparison – Burden of proof
Practice and Procedure – Appellate jurisdiction/reasons/Burns-Barke
Direct sex discrimination – less favourable treatment – comparative exercise – . .
CitedAssociated Society of Locomotive Engineers and Firemen v Brady EAT 31-Mar-2006
The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady.
Held: It . .
CitedHamilton v Tandberg Televison Ltd EAT 12-Dec-2002
The applicant claimed unfair constructive dismissal.
Held: The appeal failed. McMullen QC J said: ‘It is suggested that the Employment Tribunal erred in law in failing to condemn the investigation. The standard against which investigation . .
CitedMars UK Ltd T/A Masterfoods v K Parker EAT 24-Oct-2005
EAT Whether an Employment Tribunal took a permissible approach to determining that a dismissal was unfair, in circumstances in which it did not clearly set out the terms of section 98 of the Employment Rights Act . .
CitedDoherty v The Training and Development Agency for Schools EAT 29-Oct-2009
Reason for dismissal including substantial other reason
Reasonableness of dismissal
JURISDICTIONAL POINTS: Extension of time: just and equitable
CitedCartamundi Uk Ltd v Worboyes EAT 4-Dec-2009
Other forms of victimisation
Relevance of out of time complaints by way of background evidence in determining . .
CitedO’Neill v Metronet Rail BVC Ltd EAT 7-Dec-2009
Extension of time: reasonably practicable
2002 Act and pre-action requirements
The Claimant was employed for less than one year. . .
CitedShort (Appeal No 2) v P J Hayman and Co Ltd EAT 7-Dec-2009
Appellate jurisdiction /reasons/Burns-Barke
The Employment Tribunal failed to include in its written reasons a number of matters including a concise statement . .
CitedJackson Grundy Estate Agents v Hall EAT 15-Jan-2010
EAT PRACTICE AND PROCEDURE: Appellate jurisdiction/reasons/Burns-Barke
SEX DISCRIMINATION: Pregnancy and discrimination
Meek-compliance – Failure by Employment Tribunal to explain why they preferred . .
CitedO’Prey v National Australia Group Ltd NIIT 27-Jun-2007
. .
CitedBritish Medical Association v Chaudhary CA 27-Jul-2007
. .
CitedHaque v Green and Co EAT 15-Aug-2007
The Employment Tribunal Chairman did not err in striking out two of the Claimant’s claims and allowing others to remain as background evidence, with other claims to . .
CitedBirmingham City Council and Another v Samuels EAT 24-Oct-2007
EAT Unfair dismissal – Procedural fairness/automatically unfair dismissal
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
Race discrimination – Direct / Burden of proof / . .
CitedAziz-Mir v Sainsbury’s Supermarkets Plc EAT 28-Nov-2007
EAT Practice and Procedure – Bias, misconduct and procedural irregularity
Race Discrimination – Direct
1. An allegation of actual bias and for recusal by way of disqualification of the Chairman was . .
CitedBowers v Amicus (MSF) FENI 19-Dec-2007
The decision of the Tribunal is that the respondent’s application to strike out certain paragraphs or parts of paragraphs of the claimant’s amended witness statement is granted in respect of those paragraphs or parts of paragraphs, identified and . .
CitedMcCoy v James Mcgregor and Sons Ltd NIIT 19-Dec-2007
. .
CitedKotecha v Insurety Plc (T/A Capital Health Care) and others EAT 22-Feb-2008
EAT Race Discrimination: Burden of proof
Tribunal erred in applying principles in Igen. . .
CitedBhadra v The General Medical Council and others EAT 12-Mar-2008
The Claimant had a 10-year history of unsuccessful litigation against the Respondent. When the Claimant was struck off the medical register in 2006 as the . .
CitedD’Silva v Natfhe (Now Known As University and College Union) and others EAT 12-Mar-2008
EAT Race Discrimination – Inferring discrimination
The Appellant, a University lecturer, alleged that decisions taken by his union about assisting him with a discrimination claim against his University were . .
CitedDeman v Association of University Teachers FENI 21-Mar-2008
. .
CitedKenney v Ministry of Defence EAT 31-Jul-2008
EAT SEX DISCRIMINATION: Direct / Inferring discrimination
The Employment Tribunal dismissed a claim for direct sex discrimination brought by a woman in the Royal Navy Reserve who complained that she had . .
CitedBowers v Amicus (MSF) FENI 7-Aug-2008
. .
CitedTimis v Aerospace Metal Finishers Ltd NIIT 8-Aug-2008
. .
CitedSyed v Wightlink (Guernsey) Ltd and Another EAT 3-Oct-2008
EAT RACE DISCRIMINATION: Direct / Burden of proof
PRACTICE AND PROCEDURE: Appellate jurisdiction/reasons/Burns-Barke
Direct race discrimination. Consideration of case at stage 1 of Igen. Reasons for . .
CitedMuscat v Health Professions Council Admn 14-Nov-2008
. .
CitedLondon Borough of Islington v Ladele EAT 19-Dec-2008
The claimant was a Registrar who, amongst other things, registered marriages. When the Civil Partnerships Act came into force, she refused to participate in registering . .
CitedBeck v Canadian Imperial Bank of Commerce EAT 2-Mar-2009
Disclosure of specific documents is necessary where evidence in a different employee’s grievance, of a ‘smoking gun’ supporting the Claimant’s case of race . .
CitedBialczyk v Mcgrady NIIT 16-Mar-2009
. .
CitedTeva (UK) Ltd v Goubatchev EAT 27-Apr-2009
EAT RACE DISCRIMINATION: Direct / Inferring discrimination
PRACTICE AND PROCEDURE: Appellate jurisdiction /reasons /Burns-Barke
Issues- what steps an Employment Tribunal should take before drawing . .
CitedCanadian Imperial Bank of Commerce v Beck CA 26-Jun-2009
. .
CitedArmstrong v Chief Constable Of the Police Service for Northern Ireland NIIT 3-Aug-2009
Claims for direct and indirect sex discrimination dismissed. . .
CitedMullan v Dungannon and South Tyrone District Borough Council FENI 5-Aug-2009
. .
CitedMcCann v Dungannon and South Tyrone District Borough Council FENI 5-Aug-2009
. .
CitedDonaghy v Dungannon and South Tyrone District Borough Council FENI 5-Aug-2009
. .
CitedDevine v Dungannon and South Tyrone District Borough Council FENI 5-Aug-2009
. .
CitedAllen v Dungannon and South Tyrone District Borough Council FENI 5-Aug-2009
. .
CitedCorr v Dungannon and South Tyrone District Borough Council FENI 5-Aug-2009
. .
CitedClarke v The Co-Operative Group Ltd NIIT 19-Aug-2009
. .
CitedBirmingham City Council v Laws EAT 27-Sep-2006
EAT Practice and Procedure – Case management
Practice and Procedure – Bias, misconduct and procedural irregularity
Disability Discrimination Act (and other) claim. Issues identified at case management . .
CitedLyfar v Brighton and Sussex University Hospitals Trust CA 14-Nov-2006
The claimant appealed against rejection of her claim for race discrimination as having been made out of time. . .
CitedNorth East London Strategic Health Authority v Nassir-Deen EAT 18-Dec-2006
EAT Race Discrimination – Inferring discrimination; Victimisation; Vicarious liability
The Employment Tribunal appear to have found that a non-discriminatory, unreasonable, treatment of the Claimant was . .
CitedTyne and Wear Passenger Transport Executive (T/A Nexus) v Best and others EAT 21-Dec-2006
EAT Sex Discrimination
Equal Pay – Like work
Female train drivers made a claim under S1 of the Equal Pay Act 1970. The Claimants were in a group known as ‘Metro Operators’ and claimed parity of pay for . .
CitedPherwani v the Surgical Training Committee of the Ni Post Graduate Council for Medical and Dental Education NIIT 9-Feb-2007
. .
CitedOkonu v G4S Security Services (UK) Ltd EAT 11-Feb-2007
EAT Race discrimination
The burden of proof in section 54A of the Race Relations Act 1976 does not apply to cases of direct discrimination on the grounds of nationality or colour. In such cases the less . .
CitedMccartney v University of Ulster NIIT 12-Feb-2007
. .
CitedJones v Friction Dynamics Ltd and others EAT 28-Mar-2007
EAT The Appellant was one of 6 appearing before an Employment Tribunal which heard a discrete issue in each of those cases, namely whether the Claimants’ contract of employment with the first Respondent, Friction . .
CitedDuffy v Ulsterbus Ltd FENI 30-Mar-2007
. .
CitedBlundell v St Andrew’s Catholic Primary School and Another EAT 10-May-2007
EAT Sex Discrimination – Victimisation
A schoolteacher appealed from dismissal of her claims for sex (pregnancy) discrimination against school and her head teacher, in expressing anger at her being pregnant . .
CitedSingh v Biotechnology and Biological Sciences Research Council (Bbsrc) and Another EAT 8-May-2007
EAT Following a preliminary hearing in a case in which the Claimant had been successful in a claim that he had been unfairly dismissed but unsuccessful in claims that he had suffered racial discrimination and . .
CitedM Hawes v Marconi Mobile EAT 7-Feb-2006
EAT Contract of Employment: Damages for Breach of Contract
In assessing how much was due to the employee for breach of contract the ET had to evaluate what bonus the employee would have received absent the . .
CitedDeman v Owen and Another EAT 15-Mar-2006
EAT Race Discrimination: Inferring Discrimination and Victimisation
Direct discrimination alleged. Employment Tribunal finding that selection panel rejected Appellant for shortlist because he did not have . .
CitedLi v Atkins and Gregory Ltd EAT 5-Jul-2006
EAT Race Discrimination – Direct; Burden of proof
Claims of race discrimination arising out of a dismissal were rejected. Tribunal found both that the Appellant had failed to establish a prima facie case and . .
CitedHumphries v Chevler Packaging Ltd EAT 24-Jul-2006
EAT The Appellant left her employment and claimed (a) unfair constructive dismissal and (b) disability discrimination. On a preliminary point the ET held the disability discrimination claim was out of time as . .
CitedFernandez v The Office of the Parliamentary Commissioner for Administration and Another EAT 28-Jul-2006
EAT Discrimination – burden of proof – whether Bahl v Law Society still good law – significance of first tribunal’s findings on unfair dismissal claim when second tribunal conducted discrimination hearing . .
CitedQuigley v University of St Andrews EAT 9-Aug-2006
EAT The claimant, a university lecturer, claimed that he had been unfairly constructively dismissed. The tribunal held that the university had acted reasonably throughout the period of his employment, that they . .
CitedThomatheram v Leicester City Council and others EAT 16-Aug-2006
EAT Race and sex discrimination alleged in recruitment exercise. Claimant’s contentions that successful candidates either (1) did not meet elements of the person specifications for the posts or (2) were weaker on . .
CitedSK (Proof of Indirect Racial Discrimination) India AIT 5-Sep-2006
AIT 1. The Court of Appeal, House of Lords and Luxemburg authorities on race and sex discrimination in employment are to be used as a guide for the establishment of race discrimination in appeals to this . .
CitedGlasgow City Council v C Bvunzai EAT 18-Oct-2004
EAT Race Discrimination – Direct . .
CitedBvunzai v Glasgow City Council SCS 1-Dec-2005
. .
CitedCS (Race Discrimination, Proper Approach, Effect) Jamaica IAT 10-Jan-2006
. .
CitedDr Vivienne Jean Lyfar v Brighton and Sussex University Hospitals Trust EAT 31-Jan-2006
EAT Race Discrimination
The Employment Tribunal Chairman divided the 17 allegations of race discrimination formulated by counsel into 4 periods. These periods were derived from that document. The finding . .
CitedBvunzai v Decisions of Glasgow City Council SCS 8-Dec-2009
. .
CitedWandsworth Borough Council v K Warner EAT 6-Jul-2005
EAT Race Discrimination – Direct. . .
CitedSandra Williams v Home Office CA 27-Jul-2005
. .
CitedC Ather v the Blue Coat School EAT 11-Aug-2005
EAT Sex Discrimination – Indirect. . .
CitedA Miller v Crime Concern Trust Limited EAT 16-Sep-2005
EAT Race Discrimination – Inferring discrimination. . .
CitedJ Browne v The Governing Body of Kingswood Primary School London Borough of Lambeth EAT 27-Sep-2005
EAT Redundancy: Fairness
On the issue of a fair redundancy, the tribunal failed to consider statute and regulations and local authority advice in relation to redundancy procedure. . .
CitedThe Chief Constable of West Yorkshire v Magagnin EAT 18-Aug-2003
EAT Practice and Procedure – Bias, misconduct and procedural irregularity . .
CitedCarlin v Social Security Agency FENI 29-Apr-2005
. .
CitedKhan v Trident Safeguards Limited, Shaw, King, Wright, Harman EAT 6-May-2005
EAT Race Discrimination – Direct – Victimisation. . .
CitedThe Crown Prosecution Service v Aziz EAT 23-May-2005
EAT Race Discrimination – Erroneous construction by Employment Tribunal in law of Respondent’s disciplinary procedures led to the conclusion that the Respondent had acted in deliberate breach of its own procedure . .
CitedDr M Tariquez-Zaman v University of London (London Deanery of Postgraduate Medical and Dental Education) EAT 27-Jun-2005
EAT Working Time Regulations – Worker. . .
CitedTariquez-Zaman v General Medical Council EAT 20-Dec-2006
EAT Race Discrimination – Discrimination by other bodies
Practice and Procedure – Amendment
(a) The Employment Tribunal correctly held it had no jurisdiction to hear Claimant’s case brought under the . .
CitedTariquez-Zaman v London Deanery of Postgraduate Medical and Dental Education EAT 14-Feb-2008
EAT Race Discrimination – Other losses
Victimisation Discrimination
Victimisation – remedies hearing – inconsistent findings of fact in critical paragraph of Tribunal’s decision – cross-appeal allowed . .
CitedCarlin v Social Security Agency FENI 4-Mar-2008
. .
CitedTariquez-Zaman v London Deanery of Post Graduate Medical and Dental Education CA 6-Nov-2008
Renewed application for leave to appeal against decision of the EAT. . .
CitedOffice of the Parliamentary Commissioner for Administration and Health Service Commissioners v Fernandez EAT 15-Feb-2005
EAT Race Discrimination
1. The employer’s appeal against the majority ET’s judgment upholding the Claimant’s unfair dismissal claim was dismissed. The ET did not substitute its own judgment for that of the . .
CitedUrsell v Manor Bakeries Ltd EAT 21-Feb-2005
EAT Maternity Rights and Parental Leave – Unfair dismissal. . .
CitedMadarassy v Nomura International Plc EAT 13-Jul-2004
EAT Sex discrimination: was Employment Tribunal’s approach to the evidence and the drawing of inferences incorrect and such as to cause it to misinterpret and misapply the burden of proof: was there a failure to . .
CitedWheeler v Sungard Sherwood Systems Group Ltd EAT 18-Oct-2004
EAT Disability Discrimination – Justification . .
CitedCurley v Chief Constable of the Police Service of Northern Ireland and Another FENI 5-Nov-2004
. .
CitedDattani v The Chief Constable of West Mercia Police EAT 6-Dec-2004
EAT Race Discrimination – Burden of proof (1) ET erred when, in considering whether C had made out a prima facie case of race discrimination, it paid attention at that stage to evidence and explanations of the . . .
CitedM Phillips v Royal Mail Group Plc EAT 12-Nov-2004
EAT Practice and Procedure – Bias, misconduct and procedural irregularity . .
CitedMoyo v Tower Hamlets Consortium EAT 26-Mar-2004
EAT Race Discrimination – Victimisation. . .
CitedJames Greig v DTZ Management Services Ltd EAT 27-Jul-2004
EAT Disability Discrimination – Disability . .
CitedMoyo v Tower Hamlets Consortium CA 30-Jul-2004
. .
CitedSukul-Lennard v Croydon Primary Care Trust EAT 5-Nov-2002
. .
CitedThe University of Huddersfield v Dr P R Wolff EAT 16-Jul-2003
EAT Sex Discrimination – Burden of proof . .
CitedButcher v The Salvage Association EAT 2-Jul-2003
. .
CitedNwoke v London Borough of Brent EAT 18-Jul-2003
EAT Time Limits – Just and equitable extension . .
CitedWendy Comfort v Lord Chancellor’s Department EAT 29-May-2003
EAT Practice and Procedure – Perversity . .
CitedBrian Smith v W M Martin and Co (Marine) Ltd EAT 14-May-2003
EAT Unfair Dismissal – Constructive dismissal . .
CitedOnuegbu v Campbell CA 11-Jun-2003
. .
CitedT Lammy v HEP Sections Ltd EAT 13-Mar-2003
EAT Race Discrimination – Inferring discrimination . .
CitedC Harrison v London Fire and Emergency Planning Authority Formley Lfcda G Luke EAT 11-Apr-2003
EAT Race Discrimination – Direct . .
CitedOdenore v Associated Nursing Homes Ltd EAT 14-May-2003
EAT Race Discrimination – Direct . .
CitedJohal v Crown Prosecution Service EAT 14-May-2003
. .
CitedK Hanly M De Bergolis v Norinchukin International Plc EAT 7-Apr-2003
EAT Race Discrimination – Direct
EAT Race Discrimination – Indirect
EAT Procedural Issues – Employment Tribunal.
CitedTeruel-Fanning v Park View Rest Homes Ltd EAT 9-May-2003
. .
CitedA Rene v St John Ambulance Ltd EAT 1-May-2003
EAT Unfair Dismissal – Reason for dismissal
EAT Unfair Dismissal – Reason for dismissal including substantial other reason. . .
CitedS J Chinyanga v Buffer Bear Limited EAT 8-May-2003
EAT Race Discrimination – Indirect . .
CitedBergolis v Norinchukin International Plc EAT 13-May-2003
. .
CitedCampbell v Onuegbu and others EAT 12-Apr-2002
. .
CitedP Whitmore, S Whitmore v The Prison Service EAT 12-Nov-2002
EAT Contract of Employment – Breach of Contract. . .
CitedCampbell vOnuegbu and others EAT 15-Apr-2003
. .
CitedThe Council of the City of Sunderland v Newsome EAT 11-Feb-2003
EAT Disability Discrimination – Compensation . .
CitedSule-Charles v Customs and Excise EAT 3-Apr-2003
. .
CitedDr J B Ilangaratne v British Medical Association Dr Richard Smith EAT 24-Mar-2003
EAT Race Discrimination – Direct . .
CitedDeman v Association of University Teachers CA 14-Mar-2003
The appellant challenged dismissal of his claim for race discrimination. In the midst of a dispute with the employer University. He was dissatisfied with the support given by his union. He was refused legal assistance save through a firm of lawyers . .
CitedK Leverson v N Huggins Gwent Police Force EAT 18-Mar-2003
EAT Practice and Procedure – Application . .
CitedCompany X v A and Another EAT 14-Mar-2003
. .
CitedYellow Pages Limited v David Garton EAT 12-Mar-2003
EAT Disability Discrimination – Reasonable adjustments . .
CitedVictor-Davis v Hackney EAT 21-Feb-2003
. .
CitedZaman v Qinetiq (Formerly Defence Evaluation Research Agency Cda Section) EAT 21-Feb-2003
. .
CitedLisboa v Realpubs Ltd and Others EAT 11-Jan-2011
Whether Respondent’s policy of encouraging a wider clientele at a formerly gay pub involved less favourable treatment of gay customers causing the Claimant to resign in . .
CitedMartin v Goldsobel EAT 6-Sep-2001
The employee had been dismissed. She alleged that it was because of her pregnancy, and was automatically unfair. The employers, a firm of solicitors, alleged that it related to her standards of work.
Held: To establish sex discrimination a . .

Lists of cited by and citing cases may be incomplete.

Discrimination, Education

Leading Case

Updated: 11 November 2021; Ref: scu.147479