Source: All England Reporter
Publisher Citation: [2003] All ER (D) 155 (Oct)
Court: Employment Appeal Tribunal

Judge Peter Clark, Mr D Lambert and Mrs A Manners

Representation Tim Sheppard (instructed by Croner Consulting, Hinckley) for the employee
  Claire McCann (instructed by the Royal College of Nursing) for the employer.
Judgment Dates: 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.

The Case

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.

Practice Areas

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