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Race discrimination: Barton applied to race cases

This report relates to 1 case(s)

  • expand disabled

    Wong v Igen Ltd (formerly Leeds Careers Guidance) and others [2004] All ER (D) 152 (May) EAT (0 other reports)

Key points

In Igen Ltd v Wong, the EAT holds:

  • The guidance given in Barton v Investec Ltd [2003] IRLR 332 on the burden of proof in discrimination claims applies to a race discrimination claim.
  • It is sufficient, as the first step, to find that there has been unreasonable conduct and different ethnic origins. The burden of proof then passes to the employer to give a non-discriminatory reason for the conduct.