EAT Race Discrimination
1. The employer’s appeal against the majority ET’s judgment upholding the Claimant’s unfair dismissal claim was dismissed. The ET did not substitute its own judgment for that of the employer when it decided this procedurally fair dismissal was a sanction which no reasonable employer would have adopted.
2. The ET erred in law when it declined to follow binding precedent of the EAT and so misapplied the reverse burden of proof for sex and race discrimination cases.
3. Having made firm findings that the employer’s actions lacked reality and were absurd, it was perverse not to carry those findings across in its examination of the explanations given by the employer for its treatment of the Claimant.
4. The case was remitted to a fresh ET with a narrower remit to determine the sex and race discrimination claims in the light of: the direction of law, the findings on unfair dismissal being upheld, the abandonment of certain grounds of appeal and, on the EAT’s finding of an error, the EAT’s substitution of a finding.
5. The ET’s observations about the lack of proportionality in this case were accepted and a plea issued for conciliation to be considered by the parties.
Citations:
[2005] UKEAT 0573 – 04 – 1502, UKEAT/0573/04 and UKEAT/0574/04
Links:
Citing:
See Also – Parliamentary Commissioner for Administration and the Health Commissioner v J Fernandez EAT 11-Jun-2003
EAT Equal Pay Act – Article 141
The applicant began work as a case worker at a lower salary than a female case worker employed by different departments in the same office. The female case worker was . .
Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001
Discrimination – History of interactions relevant
When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 29 June 2022; Ref: scu.223095
