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Race discrimination: Tribunal did not err in failing to make recommendation because none was sought

This report relates to 1 case(s)

In Fasuyi v London Borough of Greenwich 20.10.00 EAT 1078/99, the EAT holds that a tribunal does not invariably make an error of law if, having s.56(1)(c) of the Race Relations Act 1976 ("the RRA") in mind, it does not make a recommendation under that subsection because none is sought by the applicant. Whether or not an error of law is made will depend on the circumstances of the case. In so deciding, the EAT also notes the limited purpose of a recommendation in obviating or reducing the adverse effect of the act of discrimination complained of upon the particular complainant. It cites several attributes that a recommendation should have in order to satisfy its statutory purpose.