EAT Race Discrimination
Novel point decided that the Employment Tribunal erred in concluding that, in a case where there was an issue as to whether the act complained of was by the Respondent (i.e. by someone for whom the Respondent was responsible) the Applicant failed to show that such was the case (so the burden of proof never passed). The Employment Tribunal should have treated such an issue as part of the prima facie case that the Applicant must present so as to transfer the burden of proof to the Respondent to prove that there was no unfavourable treatment by the Respondent significantly influenced by race.
The Honourable Mr Justice Burton
UKEAT/0730/04, [2004] UKEAT 0730 – 04 – 1412
Bailii, EATn
Cited by:
On appeal from – Igen Ltd v Wong CA 18-Feb-2005
Proving Discrimination – Two Stage Process
Each appeal raised procedural issues in discrimination cases, asking where, under the new regulations, the burden of proof had shifted.
Held: The new situation required a two stage process before a complaint could be upheld. First the claimant . .
See Also – Brunel University and Another v Vaseghi and Webster EAT 16-Oct-2006
EAT Practice and Procedure – Disclosure
Allegations that Claimants had made unwarranted demands in original tribunal proceedings said to be victimisation.
Grievance procedure heard evidence relating . .
See Also – Brunel University and Another v Webster and Vaseghi CA 22-May-2007
The parties had been involved in long standing disputes about the procedures in the respondents complaints of race discrimination. The claims had been dismissed, but the Vice-Chancellor then wrote publicly of unfounded unwarranted and excessive . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 18 December 2021; Ref: scu.221055