D’Silva v Manchester Metropolitan University (Race Discrimination) [2013] UKEAT 0437_11_0412 (04 December 2013)

D’Silva v Manchester Metropolitan University (Race Discrimination) [2013] UKEAT 0437_11_0412 (04 December 2013)

The Employment Tribunal correctly applied the law on the burden of proof in race discrimination, made clear findings of fact explaining the non-appointment, and provided adequate reasons. No error of law or misapplication of the burden of proof was disclosed.

Citation
[2013] UKEAT 0437_11_0412
Parties
Appellant/claimant: Dr D'Silva; Respondent: Manchester Metropolitan University
Jurisdiction
United Kingdom
Judgment Date
04 December 2013
Procedural Posture
Employment Appeal Tribunal (eat) Appeal (joined Appeals) / Final Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Burden of Proof, Promotion Procedures, Comparators, Victimisation
Employment Law Equality Law Race Discrimination Burden of Proof Promotion Procedures Comparators Victimisation

Case Brief

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Parties

Dr D'Silva

Appellant/claimant

Manchester Metropolitan University

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal (joined Appeals) / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to the burden of proof in race discrimination claims regarding non-appointment to Professorship or Readership.
  2. 2 Whether the Tribunal failed to properly consider the selection and number of referees, and the application of promotion criteria.

Ratio Decidendi

The Employment Tribunal correctly applied the law on the burden of proof in race discrimination, made clear findings of fact explaining the non-appointment, and provided adequate reasons. No error of law or misapplication of the burden of proof was disclosed.

Court Disposition

Appeal dismissed

Orders

  • Both appeals dismissed.