In Okonu v G4S Security Services (UK) Ltd EAT/0035/07, the Employment Appeal Tribunal (EAT) has held that the reverse burden of proof does not apply to claims of discrimination on the grounds of colour or nationality under race discrimination legislation.
This month's round-up of decisions on discrimination from the courts.
Joe Glavina of Addleshaw Goddard outlines the latest legal rulings and explains what you need to do to avoid tribunals.
In Redfearn v Serco Ltd t/a West Yorkshire Transport Service, the EAT holds that the tribunal erred in failing to adopt a broad approach to direct discrimination "on racial grounds" under s.1(1)(a) of the Race Relations Act 1976.
In Adebayo v Dresdner Kleinwort Wasserstein Ltd, the EAT holds that the way in which a direct discrimination claim must be decided by a tribunal has changed significantly, following a recent amendment to the anti-discrimination laws.
This week's case roundup by Eversheds covers: racial discrimination and international claims.
In Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting the Court of Appeal holds that an employment tribunal should have constructed a hypothetical comparator against which to consider whether there was evidence to support an inference that the complainant's treatment had been tainted with race discrimination. And the EAT holds in Williams v H M Prison Service that there is no additional duty on a tribunal to construct and consider the position of a hypothetical comparator.
In Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health (6 December 2001), the Court of Appeal rules that where there is no actual comparator for a discrimination complainant to compare their treatment with, the tribunal must construct a hypothetical comparator.
Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.
The Court of Appeal holds that when an employer continued an investigation into the activities of a black female employee for longer than an ordinary investigation would have taken, for reasons connected with her ethnic origin, the employer subjected her to a "detriment" within the meaning of the Race Relations Act 1976. We review the case of Garry v London Borough of Ealing.
HR and legal information and guidance relating to direct race discrimination.