Titterington v. Ensor & Anor [2003] UKEAT 0052_02_3110 (31 October 2003)

Titterington v. Ensor & Anor [2003] UKEAT 0052_02_3110 (31 October 2003)

The Tribunal was entitled to find, on the evidence and credibility assessments, that the applicant's non-selection was due to perceived lack of specialisation and overqualification, not sex or race, and that adequate non-discriminatory explanations were provided, thus no unlawful discrimination occurred.

Source-derived case information.

Citation
[2003] UKEAT 0052_02_3110
Parties
Appellant: Applicant; Respondent: Respondent University
Jurisdiction
United Kingdom
Judgment Date
31 October 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Race Discrimination, Burden of Proof, Shortlisting Process, Credibility of Witnesses
Employment Law Discrimination Law Sex Discrimination Race Discrimination Burden of Proof Shortlisting Process Credibility of Witnesses

Source-derived case record

Summary, issues, holding and outcome

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Parties

Applicant

Appellant

Respondent University

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding no sex or race discrimination in the shortlisting process
  2. 2 Whether the Tribunal misapplied the burden of proof under section 63A of the Sex Discrimination Act 1975
  3. 3 Whether the Tribunal applied the correct test for causation in discrimination

Ratio Decidendi

The Tribunal was entitled to find, on the evidence and credibility assessments, that the applicant's non-selection was due to perceived lack of specialisation and overqualification, not sex or race, and that adequate non-discriminatory explanations were provided, thus no unlawful discrimination occurred.

Court Disposition

Appeal dismissed