||All England Reporter
|| All ER (D) 24 (Jan)
||Employment Appeal Tribunal
||The employee appeared in person.
||The employer appeared by its representative.
||21 December 2017
Employment - Race discrimination - Appeal against decision striking out employment claims
Employment Race discrimination. The Employment Appeal Tribunal (the EAT) allowed, in part, an appeal by an employee of Afro-Caribbean origin against the employment tribunal's decision striking out her claims of disability discrimination, direct race discrimination, harassment and victimisation, as having no reasonable prospect of success. The EAT held that the employment judge had erred in failing to consider that it was arguable that an employment tribunal should consider how a hypothetical white comparator would be treated in the circumstances, and in concluding that the claim of race discrimination should be struck out as having no reasonable prospect of success.
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