Source: All England Reporter
Publisher Citation: [2012] All ER (D) 253 (Jul)
Neutral Citation: [2012] UKSC 37
Court: Supreme Court

Lord Hope DP, Lady Hale, Lord Mance, Lord Kerr and Lord Reed SCJJ

Representation 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.
Judgment Dates: 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.

The Case

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[2005] IRLR 258 and Madarassy v Nomura International plc .

Practice Areas

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