Race Discrimination
The Claimant alleged that he was discriminated against on the grounds of race and his wife’s disability after being refused flexible working arrangements following a transfer from one of the Respondent’s sites to another. The ET dismissed his claims finding that none of the employees who transferred were offered flexible working. The claimant appealed, largely on grounds relating to the adequacy of the ET’s reasons.
Held, dismissing the appeal, that the ET had not erred in law. The ET had correctly concluded that the circumstances of the Claimant’s chosen comparators were different (in that they had not transferred) and they were not, therefore, appropriate comparators. That finding was adequately explained. The ET was also entitled to accept that the Respondent’s witnesses were more credible than the Claimant and to conclude that the grievance investigation was thorough. Once again, both conclusions were adequately explained as were the remaining conclusions reached. There was no error of law.
Citations:
[2021] UKEAT 2019-000858
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 10 June 2022; Ref: scu.677784