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Race discrimination: Insufficient weight given to fact that direct evidence of discrimination is unusual

This report relates to 1 case(s)

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    Stenning v Jarman and the London Borough of Hackney EAT/1288/99 (0 other reports)

In Stenning v Jarman and the London Borough of Hackney 17.11.00 EAT 1288/99, the EAT holds that the treatment of other employees, although not actual comparators, can provide evidence of less favourable treatment as against a notional comparator in a claim for racial discrimination. In not considering such evidence, the employment tribunal paid insufficient weight to the fact that direct evidence of racial discrimination is unusual. Once less favourable treatment has been established, the tribunal should go on to consider the adequacy of an employer's explanation and whether or not to draw an adverse inference that the less favourable treatment was on racial grounds.