||All England Reporter
|| All ER (D) 253 (Jul)
|| UKSC 37
Lord Hope DP, Lady Hale, Lord Mance, Lord Kerr and Lord Reed SCJJ
||Brian Napier QC and Christine McCrossan (instructed by Lefevre Litigation, Aberdeen) for the employee.
||Ian Truscott QC (instructed by NHS National Services Scotland) for the employer.
||25 July 2012
Employment - Discrimination - Sex discrimination - Racial discrimination - Employee bringing claim of race and sex discrimination - Employment tribunal finding discrimination proved - Employer health board appealing - Employment Appeal Tribunal allowing appeal - Employee appealing to Inner House of Court of Session - Inner House allowing appeal and remitting question to original tribunal - Employer appealing to Supreme Court - Whether tribunal applying wrong test - Whether remittal should be to fresh tribunal.
Employment Discrimination. The Supreme Court dismissed the employer health board's appeal against the decision of the Inner House of the Court of Session upholding an employment tribunal's findings that the employee had been discriminated against on the grounds of her race and gender. It also reiterated the guidance in Igen Ltd v Wong IRLR 258 and Madarassy v Nomura International plc .
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