Deman v Association of University Teachers [2003] EWCA Civ 329 (14 March 2003)

Deman v Association of University Teachers [2003] EWCA Civ 329 (14 March 2003)

The Employment Tribunal's decision was deficient as it failed to provide adequate reasons for not drawing inferences of discrimination from the facts found, did not properly address unconscious discrimination, and thus fell below the required standard for reasoned decisions in discrimination cases.

Citation
[2003] EWCA Civ 329
Parties
Appellant: DEMAN; Respondent: ASSOCIATION OF UNIVERSITY TEACHERS
Jurisdiction
England and Wales
Judgment Date
14 March 2003
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal allowed; Employment Tribunal decision set aside; case remitted for rehearing before a differently constituted Tribunal.
Legal Topics
Race Discrimination, Victimisation, Employment Tribunal Procedure, Reasons for Decision, Jurisdiction
Employment Law Discrimination Law Race Discrimination Victimisation Employment Tribunal Procedure Reasons for Decision Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

DEMAN

Appellant

ASSOCIATION OF UNIVERSITY TEACHERS

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal gave adequate reasons for its decision
  2. 2 Whether the Employment Tribunal erred in law in holding there was no evidence from which an inference of racial discrimination or victimisation could be drawn
  3. 3 Whether the Employment Tribunal failed to consider unconscious racial discrimination or victimisation

Ratio Decidendi

The Employment Tribunal's decision was deficient as it failed to provide adequate reasons for not drawing inferences of discrimination from the facts found, did not properly address unconscious discrimination, and thus fell below the required standard for reasoned decisions in discrimination cases.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside; case remitted for rehearing before a differently constituted Tribunal.

Orders

  • Appellant to set out allegations and evidence within 28 days; respondent to reply within 28 days thereafter.
  • Case management conference to be held before Tribunal Chairman.