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Race discrimination: Adequacy of tribunal's reasoning in discrimination case

This report relates to 1 case(s)

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    Nwoke v Brent London Borough Council [2003] All ER (D) 326 (Jul) EAT (0 other reports)

In Nwoke v London Borough of Brent 18.7.03 EAT 1137/02, the EAT holds that an employment tribunal failed to give adequate reasons for its decision that the less favourable treatment of a black solicitor by the London Borough of Brent, in the selection process for the post of borough solicitor, was not on the ground of race. Evidence that the complainant's academic qualifications were ignored because of her race was not properly addressed by the tribunal, even though, at the very least, this raised the possibility of race discrimination. Reasserting the well-known principles established in Meek and Anya, the EAT clarifies that, in a race discrimination case, where the tribunal concludes that there has been less favourable treatment and that the conduct of those responsible for that treatment is unacceptable, then it is particularly important that the tribunal gives clear and well-structured reasons for deciding that the treatment was not on race grounds.