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Discrimination: EAT gives guidance on direct discrimination claims

This report relates to 1 case(s)

  • expand disabled

    Dresdner Kleinwort Wasserstein Ltd v Adebayo [2005] IRLR 514 EAT (0 other reports)

Key points

In Adebayo v Dresdner Kleinwort Wasserstein Ltd [2005] IRLR 514, the EAT holds that:

  • The way in which a direct discrimination claim must be decided by a tribunal has changed significantly, following a recent amendment to the anti-discrimination laws.
  • The first stage of such a claim was successfully proved on a prima facie basis when it was shown that the only black trader in an organisation had been treated differently from other, white, traders in otherwise "like for like" circumstances.
  • At the second stage, when the burden of proof shifted to the employer, it was not enough for the employer to show that it genuinely believed that the trader was guilty of misconduct. The employer had failed to prove, on the balance of probabilities, that its treatment of the complainant had not been on race grounds.