Source: All England Reporter
Publisher Citation: [2008] All ER (D) 323 (May)
Neutral Citation: [2008] EWCA Civ 578
Court: Court of Appeal, Civil Division
Judge:

May, Wall and Maurice Kay LJJ
Representation The employees appeared by their representative.
  Adam Tolley (instructed by the Treasury Solicitor) for the Home Office.
Judgment Dates: 23 May 2008

Catchwords

Unfair dismissal - Burden of proof - Sex discrimination - Racial discrimination - Employment tribunal holding dismissal by reason of redundancy unfair - Employment Appeal Tribunal finding dismissal automatically unfair - Whether employment tribunal approaching burden of proof in correct manner - Whether employment tribunal erring.

The Case

Where the employment tribunal found that the employees had been unfairly dismissed, the tribunal had not fallen into legal error in relation to the burden of proof when it had concluded that the employer's approach to dismissal procedure, pay, special leave and Civil Service Compensation Scheme compensation had been untainted by race or sex discrimination. An employer did not have to establish that he had acted reasonably or fairly in order to avoid a finding of discrimination. He had only to establish that the true reason was not discriminatory.

Practice Areas

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