EAT RACE DISCRIMINATION
Inferring discrimination
Burden of proof
UNFAIR DISMISSAL
Procedural fairness / automatically unfair dismissal
The Employment Tribunal misdirected themselves in applying Section 54A of the Race Relations Act 1976. They erred in holding that the burden of proof passed to the Respondents on the Claimant establishing a prima facie case that they could have rather than had discriminated against her on grounds of race (Madarassy v Nomura at para 55 citing Igen v Wong para 28). Further the Employment Tribunal erred in the basis upon which they inferred race discrimination. Finding of race discrimination set aside and claim remitted for rehearing before a differently constituted Employment Tribunal.
The Employment Tribunal erred in holding that the otherwise fair dismissal for redundancy was unfair because the Respondents were in breach of Section 188 Trade Union and Labour Relations (Consolidation) Act 1992 although the breach had caused the Claimant no loss and in respect of which she received a protective award. Finding of unfair dismissal set aside.
Judges:
Slade J
Citations:
[2010] UKEAT 0026 – 10 – 0110
Links:
Statutes:
Trade Union and Labour Relations (Consolidation) Act 1992 188, Race Relations Act 1976 54A
Employment, Discrimination
Updated: 25 August 2022; Ref: scu.425024