EAT Race Discrimination – Direct
Inferring discrimination
Burden of proof
The Tribunal failed to address adequately or at all, two of three allegations of unlawful discrimination against Mr White. The allegations were not abandoned; nor were they addressed by a finding as to the reason why Mr White intervened in the grievance process. Absent a finding as to a non-discriminatory explanation for differential, detrimental, less favourable treatment, it was incumbent on the Employment Tribunal to make findings on each of those questions and consider the two stage burden of proof.
Simler J
[2014] UKEAT 0172 – 14 – 2210
Bailii
England and Wales
Employment, Discrimination
Updated: 23 December 2021; Ref: scu.539294