EAT RACE DISCRIMINATION: Direct / Inferring discrimination
PRACTICE AND PROCEDURE: Appellate jurisdiction /reasons /Burns-Barke
Issues- what steps an Employment Tribunal should take before drawing inferences of racial discrimination and how it should regard explanations given by the employer for its action
Claim for discrimination on grounds of nationality and ethnic origin by Claimant against his erstwhile employers, the Respondent. It succeeded before the Employment Tribunal. The alleged discrimination related to the failure of the Respondent to appoint the Claimant to a post he applied for
The Respondent appealed.
Appeal allowed and remitted because the Employment Tribunal erred when it:-
1. Drew inference of racial discrimination from the respondent’s failure to comply with a Code of Practice without considering whether there was another reason unconnected with the claimant’s race or ethnic origin for its failure to comply with the Code. Alternatively no reason given for inference of racial discrimination from the respondent’s failure to comply with a Code of Practice;
2. Inferred that there was a prima facie case of racial discrimination without explaining why it did not regard as decisive or of substantial significance that the successful candidate obtained higher scores than the claimant;
3. Assumed that an ‘inadequate or unsatisfactory ‘ explanation for prima facie discriminatory conduct could entitle the Employment Tribunal to conclude that there was discrimination with out considering whether any explanation for the conduct which was not indicative of racial discrimination;
4. Concluded that there had been stereotyping of the claimant without considering the context in which the successful candidate referred to ‘nationalism’ and ‘multicultural issues’.
Citations:
[2009] UKEAT 0490 – 08 – 2704
Links:
Jurisdiction:
England and Wales
Citing:
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: 12 July 2022; Ref: scu.342107