EAT Race discrimination – Inferring discrimination / Burden of Proof
whether Tribunal erred in its approach to the shifting burden of proof – whether it was open to the Tribunal on the primary facts which it found to draw inferences of race discrimination.
Unfair dismissal – Reason for dismissal including substantial other reason / Reasonableness of dismissal
whether it was open to the Tribunal on the primary facts which it found to conclude that the employee had been dismissed for a reason which related to his conduct – whether, on the assumption that the employee had been dismissed for a reason which related to his capability, it was open to the Tribunal to find that a further invitation to the employee to discuss the effect of his medical condition on his future employment might have been accepted.
References: [2008] UKEAT 0233 – 07 – 2902
Links: Bailii
Jurisdiction: England and Wales
Last Update: 24 September 2020; Ref: scu.266073 br>