||All England Reporter
|| All ER (D) 81 (May)
||Employment Appeal Tribunal
Bean J, Dr B Fitzgerald and Mr P Jacques
||John Davies QC (instructed by Hudgell & Partners) for the complainant.
||Damian Brown (instructed by Beachcroft Wansbroughs, Leeds) for the respondents.
||15 March 2006
Race relations - Discrimination - Employment - Complainant being turned down for short listing or appointment to academic posts - Employment tribunal finding race not playing significant role - Whether tribunal in error.
In the instant case, the employment tribunal had been entitled to dismiss the complainant's claim for racial discrimination where his qualifications, experience and interests had been less suited for the posts sought to be filled than were those of the candidates chosen instead. However, the tribunal had been wrong to have dismissed the complainant's victimisation claim on the ground that he had conducted the litigation in bad faith, and that issue would be remitted for reconsideration.
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