EAT Unlawful Deduction From Wages and Race Discrimination: Post-Employment
The Employment Tribunal erred in construing ‘full salary’ payable on the suspension of the Claimant as fettering the employee’s right to end a short term temporary placement and restore him to his substantive grade which represented his ‘full salary’.
The Employment Tribunal was directed on remission of one ground of appeal to reconsider its finding of race discrimination in the light of there being no breach of contract.
There was no error in the Employment Tribunal’s finding of direct race discrimination under Race Relations Act 1976 s l(2) while dismissing his claim of victimisation under s2 arising out of the same facts. This was as the Employment Tribunal found the result of the burden of proof shifting for race discrimination but not for victimisation claims, and the different grounds upon which liability would be founded i.e. race discrimination and having made an allegation of race discrimination respectively. Madden  IRLR 46 CA applied.
Although the Claimant’s representative did not respond one by one to the criticism of lack of reasons, any was insufficient to undermine the discharge of the Employment Tribunal’s duty to give reasons.
EAT Race Discrimination – Post Employment.
His Honour Judge McMullen QC
UKEAT/0466/05/SM,  UKEAT 0466 – 05 – 1701
Updated: 05 July 2022; Ref: scu.238808