The Applicant had worked for the respondents. The respondents were closing down the nursing home, and all staff were being made redundant and were to be given open references. The applicant’s claim for race discrimination had been heard but no decision given. The first respondent gave a reference but referred to the outstanding proceedings. The reference was not received until after her employment had come to an end. She had in fact been treated less favourably, and that arose directly as a consequence of the previous proceedings for race discrimination. The motive of the respondent was not to be taken into account. There is a two part test. Was the applicant treated less favourably, and if so, was this a consequence of her complaint of race discrimination.
Judges:
Mr Commissioner Howell QC
Citations:
[2001] UKEAT 1486 – 99 – 0607
Links:
Statutes:
Race Relations Act 1976 2(1)(a)
Jurisdiction:
England and Wales
Cited by:
See Also – Elliot v Rooproy and others EAT 15-Nov-2002
. .
See Also – M Rollins-Elliott v J Rooproy Manor House Hospitals Ltd In Voluntary Liquidation EAT 21-Apr-2005
EAT Race Discrimination – Other losses. . .
See Also – M Rollins-Elliott v J Rooproy Manor House Hospitals Ltd In Voluntary Liquidation EAT 4-Jul-2005
EAT Race Discrimination – Other losses. . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 01 June 2022; Ref: scu.160114
