Race discrimination: Employer need not explain why tribunal should not infer racial discrimination
This report relates to 1 case(s)
British Broadcasting Corporation and another v Jiad EAT/1014/98 (0 other reports)
An employment tribunal misdirected itself in law by requiring an employer to provide an adequate explanation for the difference in treatment between a complainant of direct racial discrimination and his comparators, failing which an adverse inference of such discrimination would automatically follow, holds the EAT in British Broadcasting Corporation and another v Jiad 3.2.00 EAT/ 1014/98. Even where an employer fails to provide a satisfactory explanation for the less favourable treatment meted out to the complainant, when compared with that afforded to a relevant comparator, it does not necessarily follow that the tribunal is bound to draw the inference adverse to the employer.