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Race discrimination: Relevant circumstances for comparison in victimisation case

This report relates to 1 case(s)

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    Hounslow London Borough Council v Bhatt [2001] All ER (D) 116 (Jun) EAT (0 other reports)

In London Borough of Hounslow v Bhatt 2.3.01 EAT 337/99, the EAT holds that an employment tribunal erred in law in comparing the treatment of an employee who complained of victimisation with other employees who had not brought proceedings under the Race Relations Act 1976. This comparison was impermissibly wide, and failed to take account of the circumstances of the treatment as required by s.2 of the Act. In this case the relevant circumstances were that the employee had undergone disciplinary proceedings, and had requested a redundancy on early retirement terms. The tribunal should therefore have compared the employee's treatment with the treatment of an actual or hypothetical employee who had not made a race discrimination complaint and who had been offered and accepted redundancy and early retirement terms in the circumstances that applied to the employee.