EAT RACE DISCRIMINATION – Direct
The Claimant’s appeal argued that the Employment Tribunal had failed to follow through the inferences that it had drawn as to the conduct of the Medical Director of the Respondent in answering the question as to why the Claimant had been dismissed. The Respondent’s appeal argued that the Employment Tribunal had drawn inferences that were not open to it on the primary facts. In rejecting both appeals the judgment of Mummery LJ in the unreported decision of the Court of Appeal in Effa v Alexandra Health Care NHS Trust (5 November 1999) was considered. In the instant case, there were primary facts supporting the inferences drawn about the conduct of the Medical Director but equally there were primary facts as to his non-involvement in the dismissal which entitled the Employment Tribunal to accept the Respondent’s explanation about why the Claimant had been dismissed, with the result that neither appeal could succeed.
Hand QC J
 UKEAT 0137 – 12 – 0905
England and Wales
Cited – Khanna v Ministry of Defence EAT 1981
EAT Browne-Wilkinson P said: ‘If the primary facts indicate that there has been discrimination for some kind, the employer is called on to give an explanation and, failing clear and specific explanation being . .
Cited – Chattopadhyay v Headmaster of Holloway School EAT 1981
The appellant, an Indian teacher had applied unsuccessfully for the post of head of history at Holloway School. He complained of race discrimination.
Held: Browne-Wilkinson P said: ‘As has been pointed out many times, a person complaining that . .
Cited – King v Great Britain China Centre CA 1991
The court considered the nature of evidence which will be available to tribunals considering a race discrimination claim.
Held: A complainant must prove his or her case on the balance of probabilities, but it is unusual to find direct evidence . .
Cited – Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council HL 16-Oct-1997
The absence of any other explanation for the unfair dismissal of a black worker, does not of itself and inescapably lead to finding of race bias, or racial discrimination. He had been dismissed following complaints of sexual harassment, later found . .
Cited – Effa v Alexandra Healthcare NHS Trust CA 5-Nov-1999
The tribunal’s decision was found to have confused unreasonable treatment with discriminatory treatment. ‘It is common ground that an error in law is made by a tribunal if it finds less favourable treatment on racial grounds where there is no . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 October 2021; Ref: scu.503543