The Appellant’s race discrimination claims, based primarily on the Respondents’ failure to promote him over many years, failed, as did his constructive dismissal claim. On appeal against the Tribunal’s decision on the discrimination claims, held that the Tribunal were entitled find as fact that when the managers post the Appellant said he should have been promoted into was vacant, the Respondents advertised the vacancy internally and externally, that the Respondent had a policy of appointing on formal application only, that the Appellant did not formally apply and that the appointees did. The appointees were, therefore, not like for like comparators; and the Appellant would have fared no better in the case of hypothetical comparators. The Tribunal’s decision that the Appellant had not shown treatment from which an inference of discrimination could be drawn was upheld. Matthews v Kent and Medway Fire Authority and Rihal v London Borough of Ealing distinguished.
[2006] UKEAT 0639 – 05 – 1010
Bailii
England and Wales
Updated: 18 August 2021; Ref: scu.247815