Race discrimination: Tribunal could not infer that unfair treatment was racially discriminatory

In Effa v Alexandra Healthcare NHS Trust and another 5. 11.99 Court of Appeal, the Court of Appeal holds that it was not possible to infer from an employment tribunal's findings of primary fact that, by summarily terminating the appointment of a black locum, an NHS trust treated him less favourably than a hypothetical white locum on racial grounds. Although it was very unfortunate for him that he was treated unfairly by the trust, it was not possible to infer that the treatment was racially discriminatory.