Parveen v Marks & Spencer Plc [1993] UKEAT 565_91_2807 (28 July 1993)

Parveen v Marks & Spencer Plc [1993] UKEAT 565_91_2807 (28 July 1993)

The Industrial Tribunal did not err in law in failing to infer racial discrimination from the facts presented; the administrative error was racially neutral and the difference in treatment was insufficient to require a finding of discrimination. The Tribunal's findings were within its discretion and not perverse.

Citation
[1993] UKEAT 565_91_2807
Parties
Appellant: Miss Kauser Parveen; Respondent: Marks & Spencer Plc
Jurisdiction
United Kingdom
Judgment Date
28 July 1993
Procedural Posture
Appeal / Judgment on Appeal From Industrial Tribunal
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Burden of Proof, Direct Discrimination, Industrial Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Miss Kauser Parveen

Appellant

Marks & Spencer Plc

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Industrial Tribunal

  1. 1 Whether the Industrial Tribunal erred in law in failing to infer racial discrimination from the facts
  2. 2 Whether the Tribunal erred in concluding insufficient evidence was provided to raise an inference of discrimination
  3. 3 Whether the Tribunal's decision was perverse

Ratio Decidendi

The Industrial Tribunal did not err in law in failing to infer racial discrimination from the facts presented; the administrative error was racially neutral and the difference in treatment was insufficient to require a finding of discrimination. The Tribunal's findings were within its discretion and not perverse.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.