The court considered how a claimant can establish a claim for race discrimination. Mummery LJ said: ‘The first part of the question is: ‘Was the applicant treated less favourably than they treated or would treat another person of a different racial group in the same or relevantly similar circumstances? The answer requires a comparison to be made between the treatment of the applicant and the treatment of a 27 year old applicant of a different racial group with similar experience and qualifications applying for the same job. The tribunal did not attempt to make the compulsory comparison. Instead, it simply asked itself whether there was ‘bias’ on the part of Mrs Cherrie and Mr Walters against the applicant and concluded that there was. This approach is defective.’
Judges:
Mummery LJ
Citations:
[1998] ICR 1005
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council HL 16-Oct-1997
The absence of any other explanation for the unfair dismissal of a black worker, does not of itself and inescapably lead to finding of race bias, or racial discrimination. He had been dismissed following complaints of sexual harassment, later found . .
Cited by:
Cited – C Aniedobe v London Borough of Hammersmith and Fulham EAT 11-Feb-2000
EAT Race Discrimination – Direct
The appellant challenged dismissal of his claim for race discrimination. . .
Lists of cited by and citing cases may be incomplete.
Discrimination
Updated: 17 July 2022; Ref: scu.195022