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Race discrimination: "Protected act" must be sole or dominant reason for less favourable treatment

This report relates to 1 case(s)

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    TNT Express Worldwide (UK) Ltd v Brown and others EAT/11/98, EAT/225/98 (0 other reports)

In the context of a victimisation complaint under the Race Relations Act, the composition, characteristics and circumstances of the appropriate control group, for the purposes of demonstrating that the person allegedly victimised was treated less favourably than others, is not solely a matter of law but is a matter for the discretion of the tribunal after hearing submissions by the parties, holds the EAT in TNT Express Worldwide (UK) Ltd v Brown and others 19.1.99 EAT 11/98 and 225/98. A tribunal's decision in this respect will be appealable only if its choice of control group is "irrationally inappropriate".