||All England Reporter
|| All ER (D) 323 (May)
|| EWCA Civ 578
||Court of Appeal, Civil Division
May, Wall and Maurice Kay LJJ
||The employees appeared by their representative.
||Adam Tolley (instructed by the Treasury Solicitor) for the Home Office.
||23 May 2008
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.
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.
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