Direct Discrimination For Race and Award
Direct Discrimination For Race and Associated Award
The Respondent’s appeal against the ET’s finding that it had directly discriminated against the Claimant because of race, and associated award, was allowed.
In concluding that the Claimant had discharged his burden at stage one of the test established in Igen v Wong [2005] ICR 931, CA, the ET had failed to identify a suitable hypothetical comparator and to explain the bases upon which it had drawn secondary inferences of fact from the primary factual findings which it had made. Had it done so, the Respondent might not have been called upon to discharge its burden at stage two of the test. The matter would be remitted to a differently constituted tribunal for its determination afresh of liability and (if appropriate) remedy.
[2021] UKEAT 0248 – 19 – 1603
Bailii
England and Wales
Updated: 06 July 2021; Ref: scu.663583