||All England Reporter
|| All ER (D) 155 (Oct)
||Employment Appeal Tribunal
Judge Peter Clark, Mr D Lambert and Mrs A Manners
||Tim Sheppard (instructed by Croner Consulting, Hinckley) for the employee
||Claire McCann (instructed by the Royal College of Nursing) for the employer.
||14 May 2003
Discrimination - Racial discrimination - Employment - Complaint to employment tribunal - Tribunal failing to find whether employee treated differently from comparators Tribunal dismissing complaint - Correctness of tribunal's approach - Adequacy of reasons.
On an appeal from a decision of the employment tribunal by which it dismissed the employee's complaint of racial discrimination, the Employment Appeal Tribunal ruled that, having failed to make all necessary findings on the comparative incidents relied on by the employee, the tribunal had not been in a position to decide whether any adverse inference should be drawn on the strength of the incidents cumulatively. Accordingly, it allowed the appeal and remitted the matter for rehearing.
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