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Race discrimination: Tribunals must look for indicators that may show racial bias

This report relates to 2 case(s)

Where there was a shortlist of two equally well-qualified candidates, one white and the other black, an employment tribunal's conclusion that the selection of the former in preference to the latter had nothing to do with the latter's race was not arrived at after proper consideration of the indicators that the latter relied on as pointing to an opposite conclusion, holds the Court of Appeal in Anya v University of Oxford and another 22.3.01 Court of Appeal. Evidence that one or more members of the interview panel were not unbiased, or that equal opportunities procedures were not used when they should have been, might point to the possibility of conscious or unconscious racial bias having entered into the process.