Source: All England Reporter
Publisher Citation: [2011] All ER (D) 59 (Dec)
Neutral Citation: [2011] EWCA Civ 1519
Court: Court of Appeal, Civil Division
Judge:

Mummery, Richards and Rimer LJJ
Representation William Josling (instructed by Beetenson & Gibbon, Grimsby) for the claimant.
  David Reade QC (instructed by Short Richardson & Forth LPP, Newcastle-Upon-Tyne) for the defendant.
Judgment Dates: 8 December 2011

Catchwords

Employment - Discrimination - Racial discrimination - Claimant Muslim Algerian not being selected for job in defendant company's bakery business despite previous experience - Employment tribunal deciding no evidence that decision not to offer job to claimant based on his race - Claimant appealing - Employment appeal tribunal finding employment tribunal misapplying relevant legislation - Defendant appealing - Whether employment appeal tribunal erring - .

The Case

Employment Discrimination. The Court of Appeal, Civil Division, in dismissing the defendant company's appeal against the Employment Appeal Tribunal's decision that the Employment Tribunal had made an error of law in its analysis of where the burden of proof lay in the claimant's claim for racial discrimination, held that the Employment Tribunal had failed to ask itself whether the claimant had established a prima face claim for racial discrimination, which would then have shifted the burden onto the defendant to provide an explanation.

Practice Areas

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