Source: All England Reporter
Publisher Citation: [2003] All ER (D) 243 (May)
Court: Employment Appeal Tribunal

Burton J, Mr D Chadwick and Mr S Springer

Representation Mohinderpal Sethi (instructed by Lees Lloyd Whitley, Liverpool) for the employee.
  Ruth Downing (instructed by the Treasury Solicitor) for the employer.
Judgment Dates: 15 October 2002


Discrimination - Racial discrimination - Employment - Victimisation - Reason for discriminator's act - Employer failing to enter employee in promotion examination - Employment tribunal finding omission of employee from exam not deliberate - Correctness of decision.

The Case

Where an employee had made a complaint of victimisation on the basis that his employer had treated him unfavourably in failing to enter him for a promotion examination because of his having made a complaint of race discrimination, the employment tribunal had been entitled to find that that had not been a deliberate act of exclusion, but as the result of administrative incompetence.

Practice Areas

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