London Borough Of Ealing v Singh [1993] UKEAT 370_91_1205 (12 May 1993)

London Borough Of Ealing v Singh [1993] UKEAT 370_91_1205 (12 May 1993)

The Industrial Tribunal erred in law by inferring discrimination from breaches of policy without factual findings of less favourable treatment on racial grounds. The Borough's policies were not mandatory in the relevant respects, and there was no evidence that Mr Singh was treated less favourably because of his...

Source-derived case information.

Citation
[1993] UKEAT 370_91_1205
Parties
Appellant: London Borough of Ealing; Respondent: Mr Singh
Jurisdiction
United Kingdom
Judgment Date
12 May 1993
Procedural Posture
Employment Discrimination Appeal / Appeal From Industrial Tribunal Decision
Outcome
appeal allowed
Legal Topics
Racial Discrimination, Equal Opportunities Policy, Recruitment Procedures
Employment Law Equality Law Racial Discrimination Equal Opportunities Policy Recruitment Procedures

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Summary, issues, holding and outcome

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Parties

London Borough of Ealing

Appellant

Mr Singh

Respondent

Procedural Posture

Employment Discrimination Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the composition of the interview panel constituted racial discrimination against Mr Singh
  2. 2 Whether failure to give credit for Mr Singh's language skills amounted to racial discrimination

Ratio Decidendi

The Industrial Tribunal erred in law by inferring discrimination from breaches of policy without factual findings of less favourable treatment on racial grounds. The Borough's policies were not mandatory in the relevant respects, and there was no evidence that Mr Singh was treated less favourably because of his race. The Tribunal's reasoning relied on assumptions rather than facts.

Court Disposition

appeal allowed

Orders

  • case remitted for rehearing before a differently constituted Tribunal