EAT Practice and Procedure : Perversity – RACE DISCRIMINATION
RACE DISCRIMINATION – Detriment
Although the Tribunal’s findings of fact were supported by reasoning that was brief, the Appellant was unable to surmount the high hurdle of establishing that one of its key findings was perverse, i.e. such that no reasonable Tribunal could make that finding on the evidence; nor was the Appellant able to show that the Tribunal had erred in law by making a finding that contradicted all the evidence relevant to that issue.
While the explanation for the Tribunal’s key finding (that the Respondent’s employee had not spread rumours among the workforce that the Appellant would use his race to secure the departure of another employee) could have been fuller, the reasoning was adequate to support the finding, which had been open to the Tribunal on the evidence.
The appeal therefore failed.
Kerr J
[2015] UKEAT 0425 – 14 – 1111
Bailii
England and Wales
Employment
Updated: 06 January 2022; Ref: scu.554887
