X v Y: EAT 4 Jun 2013

EAT Race Discrimination : Direct – SEX DISCRIMINATION – Burden of proof – The Employment Tribunal found that the Claimant had been unfairly dismissed on the basis of 10 or so breaches of the implied term of trust and confidence. Although in the circumstances the Employment Tribunal on the same findings ‘could’ have concluded that the Claimant had established a prima facie case of discrimination on the grounds of race, it dismissed that claim. The ET did not stand back to look at the cumulative effect of all of its findings and did not adequately explain how it came to accept that the detriments/less favourable treatments were not discriminatory.

Serota QC J
[2013] UKEAT 0322 – 12 – 0406
England and Wales

Employment, Discrimination

Updated: 20 November 2021; Ref: scu.515388