||All England Reporter
|| All ER (D) 381 (Jan)
||Employment Appeal Tribunal
Commissioner Howell QC, Ms N Amin and Mr K Young
||J Sykes (instructed by Nigel Adams & Co) for the applicant.
||H Grewal (instructed by Cox Clitheroe) for the respondent.
||30 January 2002
Race relations - Discrimination - Employment - Discrimination on racial grounds - Asian employee treated less favourably than white counterpart - Whether tribunal using proper comparator in assessing whether racial discrimination.
At the hearing of the applicant's complaint of racial discrimination, the employment tribunal had not separated out in their minds the question of whether there was detrimental or less favourable treatment by reference to a proper comparator, and whether if so, it was due to racial factors. Accordingly, due to that error, the applicant's appeal against the decision that she had not been racially discriminated would be allowed.
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