Syed v. Wightlink (Guernsey) Ltd & Anor [2008] UKEAT 0316_08_0310 (3 October 2008)

Syed v. Wightlink (Guernsey) Ltd & Anor [2008] UKEAT 0316_08_0310 (3 October 2008)

The Employment Tribunal erred in its application of the burden of proof at stage one by requiring 'hard evidence' of a link between race and treatment, and failed to give adequate reasons at stage two for accepting the Respondent's explanation, particularly regarding the possibility of subconscious discrimination. The appeal is allowed and the claim remitted for rehearing.

Citation
[2008] UKEAT 0316_08_0310
Parties
Appellant/claimant: Mr Syed; First Respondent/employer: Wightlink (Guernsey) Limited; Second Respondent/employer: Wightlink Limited
Jurisdiction
United Kingdom
Judgment Date
03 October 2008
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Direct Race Discrimination, Burden of Proof, Victimisation, Appellate Jurisdiction, Employment Tribunal Procedure
Employment Law Discrimination Law Direct Race Discrimination Burden of Proof Victimisation Appellate Jurisdiction Employment Tribunal Procedure

Case Brief

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Parties

Mr Syed

Appellant/claimant

Wightlink (Guernsey) Limited

First Respondent/employer

Wightlink Limited

Second Respondent/employer

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal misapplied the burden of proof in a direct race discrimination claim
  2. 2 Whether the Tribunal gave adequate reasons for its findings at both stages of the Igen guidance

Ratio Decidendi

The Employment Tribunal erred in its application of the burden of proof at stage one by requiring 'hard evidence' of a link between race and treatment, and failed to give adequate reasons at stage two for accepting the Respondent's explanation, particularly regarding the possibility of subconscious discrimination. The appeal is allowed and the claim remitted for rehearing.

Court Disposition

Appeal allowed

Orders

  • Relevant claim remitted to a fresh Employment Tribunal for rehearing