Ghosh v. Williams & Anor [2005] UKEAT 0149_05_0408 (4 August 2005)

Ghosh v. Williams & Anor [2005] UKEAT 0149_05_0408 (4 August 2005)

The Employment Tribunal erred by failing to consider the evidence as a whole and by not applying the correct legal approach to the burden of proof in discrimination cases; the fragmented assessment of individual incidents was contrary to established legal principles.

Citation
[2005] UKEAT 0149_05_0408
Parties
Appellant: Dr Ghosh; Respondents: NHS Trust and Ms S. Williams
Jurisdiction
United Kingdom
Judgment Date
04 August 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; matter remitted for rehearing by a fresh tribunal
Legal Topics
Race Discrimination, Victimisation, Burden of Proof, Tribunal Procedure
Employment Law Equality Law Race Discrimination Victimisation Burden of Proof Tribunal Procedure

Case Brief

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Parties

Dr Ghosh

Appellant

NHS Trust and Ms S. Williams

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal misdirected itself by examining each incident of alleged discrimination separately rather than considering the overall pattern
  2. 2 Whether the Tribunal failed to apply the correct legal principles regarding the burden of proof in discrimination cases

Ratio Decidendi

The Employment Tribunal erred by failing to consider the evidence as a whole and by not applying the correct legal approach to the burden of proof in discrimination cases; the fragmented assessment of individual incidents was contrary to established legal principles.

Court Disposition

Appeal allowed; matter remitted for rehearing by a fresh tribunal

Orders

  • Appeal in relation to costs allowed
  • Matter remitted for rehearing by a fresh tribunal