Marks and Spencer Plc v Martins: CA 19 Dec 1997

The court emphasised the ubiquitous need to make the findings of primary fact without which it is impossible to consider the drawing of relevant inferences. A tribunal hearing a race discrimination case must ask the question as put by the Act; there was a fundamental flaw in the decision in asking and answering wrong question.

Citations:

Times 15-Jan-1998, [1997] EWCA Civ 3067, [1998] ICR 1005

Links:

Bailii

Statutes:

Race Relations Act 1976

Jurisdiction:

England and Wales

Cited by:

CitedThe Law Society v Kamlesh Bahl EAT 7-Jul-2003
EAT Sex Discrimination – Direct
The complainant had been suspended from her position as Vice President of the Law Society. The Society and its officers appealed findings of sex and race discrimination . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 13 November 2022; Ref: scu.143466