EAT RACE DISCRIMINATION: Inferring discrimination / Burden of proof
The Claimant was made redundant after being placed in a pool of one. He brought proceedings alleging race discrimination and victimisation. In finding for him the Tribunal assumed a hypothetical comparator of a different race but did not consider how such a comparator would have been treated. It merely assumed that because there was a hypothetical comparator the onus of proof had passed and then found the onus had not discharged. The Tribunal also assumed the ‘reverse burden’ applied to the victimisation claim.
Judges:
Reid QC J
Citations:
[2009] UKEAT 0031 – 08 – 2601
Links:
Employment, Discrimination
Updated: 22 July 2022; Ref: scu.280160