The Tribunal considered whether there was a need rigidly to approach the test for discrimination by application of the two stage test in Igen v Wong. Elias J said: ‘where the tribunal has effectively acted at least on the assumption that the burden may have shifted, and has considered the explanation put forward by the employer, then there is no prejudice to the employee whatsoever.’ The boundary between fact and explanation is not clear cut.
Judges:
The Honourable Mr Justice Elias (President)
Citations:
[2006] UKEAT 0128 – 06 – 2807, [2006] IRLR 748, UKEAT/0128/06, [2007] ICR 1519
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Brown v London Borough of Croydon and Another CA 26-Jan-2007
The claimant appealed dismissals of his claim for race discrimination, harassment and victimisation. In a new job, other team members said they were uncomfortable alone with him, and his probationary period was extended because of his failure to fit . .
Cited – Appiah and Another v Bishop Douglas Roman Catholic High School CA 26-Jan-2007
Black students of African origin, had been excluded from school after an incident. They appealed rejection of their claims for race discrimination and victimisation, saying that they had been at first excluded wrongfully.
Held: ‘Consideration . .
Cited – Madarassy v Nomura International Plc CA 26-Jan-2007
The claimant appealed against adverse findings on her claims of sex discrimination. The court considered questions arising from the provisions relating to the transfer of the burden of proof in a discrimination case.
Held: Questions of the . .
See Also – I Laing v Manchester City Council EAT 16-Nov-2004
EAT Practice and Procedure – Case Management. . .
Cited – Gay v Sophos Plc EAT 16-Sep-2011
EAT AGE DISCRIMINATION
Senior employee aged 55 dismissed for redundancy following restructuring – Not considered for possible alternative roles – Younger colleagues, affected by same restructuring or other . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 07 July 2022; Ref: scu.244049