EAT Race Discrimination – Direct – Burden of proof
The Employment Appeal Tribunal (‘the EAT’) allowed an appeal from the Employment Tribunal (‘the ET’). The Claimant claimed that the Respondent discriminated against him because of his race in rejecting job applications which he made.
The EAT held that the ET had misdirected themselves about the effect of section 136 of the Equality Act 2010 by treating it as imposing an initial burden of proof on the Claimant; but that even if the ET had not misdirected themselves in that way, errors in their approach to the evidence made their decision unsafe.
The claim was remitted to a different ET.
Judges:
Laing DBE J
Citations:
[2017] UKEAT 0203 – 16 – 1008
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 28 March 2022; Ref: scu.592679