John Cotton (Mirfields) Ltd v Uppal & Anor [1993] UKEAT 227_92_1507 (15 July 1993)
The Tribunal was entitled to infer racial discrimination from the selection of the only two Asian foremen for redundancy/redeployment, given their greater experience and the inadequacy of the employer's explanation. The Tribunal did not reverse the burden of proof and its decision was not perverse.
- Citation
- [1993] UKEAT 227_92_1507
- Parties
- Appellant: John Cotton (Mirfield) Ltd; Respondent: Mr Uppal; Respondent: Mr Ishaq
- Jurisdiction
- United Kingdom
- Judgment Date
- 15 July 1993
- Procedural Posture
- Employment Appeal / Appeal From Industrial Tribunal
- Outcome
- Appeal dismissed
- Legal Topics
- Racial Discrimination, Redundancy, Burden of Proof, Unfair Dismissal
Case Brief
Summary, issues, holding and outcome
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Parties
John Cotton (Mirfield) Ltd
Appellant
Mr Uppal
Respondent
Mr Ishaq
Respondent
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Legal Issues
- 1 Whether the selection of Mr Uppal and Mr Ishaq for redundancy/redeployment was racially discriminatory
- 2 Whether the Industrial Tribunal applied the correct legal principles regarding burden of proof in discrimination cases
- 3 Whether the Tribunal's decision was perverse
Ratio Decidendi
The Tribunal was entitled to infer racial discrimination from the selection of the only two Asian foremen for redundancy/redeployment, given their greater experience and the inadequacy of the employer's explanation. The Tribunal did not reverse the burden of proof and its decision was not perverse.
Court Disposition
Appeal dismissed
Orders
- The decision of the Industrial Tribunal is upheld.
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