EAT Practice and Procedure – Bias, misconduct and procedural irregularity.
Race Discrimination – Comparison
At a CMD and a PHR, a Tribunal Chairman decided that the claims to be heard would be of indirect discrimination on the grounds of race. During the course of evidence the full Tribunal itself indicated that a claim of direct discrimination could be heard. Although the Tribunal was not as a matter of jurisdiction precluded from raising this matter, in the circumstances it was unfair for it to be dealt with immediately given that the Respondent was unrepresented. The Tribunal further erred in failing in the circumstances of this case to construct a hypothetical comparator. The finding that there was no indirect discrimination was not appealed by the Claimant’s. The case was remitted for rehearing on direct discrimination only, to a different Tribunal.
Judges:
His Honour Judge McMullen QC
Citations:
[2007] UKEAT 0441 – 06 – 2002, UKEAT0441/06
Links:
Employment, Discrimination
Updated: 11 July 2022; Ref: scu.252463