EAT RACE DISCRIMINATION – Burden of proof
PRACTICE AND PROCEDURE – Review
The Claimant alleged race and religious discrimination, harassment on racial and religious grounds and victimisation against the Respondent in respect of her treatment on a training course. The ET dismissed all but one of her claims of direct race discrimination but held in relation to one matter the onus of proof had been transferred to the Respondent and he had not discharged it. In addition the ET made a finding of unlawful race and religious discrimination by victimisation in relation to another complaint. On review the ET set aside the finding of victimisation on the basis that the claim had never been made as a claim in victimisation. The Respondent appealed against the finding of race discrimination and the Claimant against the decision on review.
Held: the ET’s judgment was not Meek-compliant but in any event the onus of proof had not been transferred to the Respondent and the review decision was correct. Respondent’s appeal allowed and Claimant’s appeal dismissed.
Judges:
Reid QC J
Citations:
[2011] UKEAT 0320 – 10 – 1804
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 08 September 2022; Ref: scu.434902