Fraser v University of Leicester and Others: EAT 5 Jun 2014

EAT Application of the burden of proof: Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] ICR 337; Igen v Wong [2005] ICR 935; Laing v Manchester City Council [2006] ICR 1519; Madarassy v Nomura International plc [2007] ICR 867 followed.
Multiple allegations of discrimination requiring the Tribunal to determine each complaint whilst still taking a holistic – not a fragmented – approach, so as to enable it to see the bigger picture: Qureshi v Victoria University of Manchester [2001] ICR 863; Fearon v Chief Constable of Derbyshire [2004] UKEAT/0445/02; Rihal v London Borough of Ealing [2004] IRLR 642; and X v Y [2013] UKEAT/0322/12 applied.
In this case the Tribunal had correctly applied the burden of proof and demonstrated that it had considered the detail of the individual complaints; those complaints as part of more general themes and also the bigger picture more generally: it had kept sight of both the wood and the trees and no error of law was disclosed.
Appeal dismissed.

Eady QC J
[2014] UKEAT 0155 – 13 – 0506
England and Wales

Employment, Discrimination

Updated: 04 December 2021; Ref: scu.526261