Davis v Northampton Cc & Social Services Inspection Unit [1996] UKEAT 512_95_0907 (9 July 1996)

Davis v Northampton Cc & Social Services Inspection Unit [1996] UKEAT 512_95_0907 (9 July 1996)

The Tribunal failed to provide adequate reasons for not drawing an inference of racial discrimination despite substantial criticism of the Respondents' procedures. This omission requires the matter to be reheard by a newly constituted Tribunal.

Citation
[1996] UKEAT 512_95_0907
Parties
Appellant: Mr Davis; Respondent: Northamptonshire County Council
Jurisdiction
United Kingdom
Judgment Date
09 July 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
Appeal allowed; matter remitted for rehearing by a new Tribunal.
Legal Topics
Racial Discrimination, Recruitment Procedures, Tribunal Reasoning

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Davis

Appellant

Northamptonshire County Council

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

  1. 1 Whether the Industrial Tribunal provided sufficient reasons for not drawing an inference of racial discrimination
  2. 2 Whether the selection process for short-listing was arbitrary and unfair
  3. 3 Whether the grievance procedure was properly conducted

Ratio Decidendi

The Tribunal failed to provide adequate reasons for not drawing an inference of racial discrimination despite substantial criticism of the Respondents' procedures. This omission requires the matter to be reheard by a newly constituted Tribunal.

Court Disposition

Appeal allowed; matter remitted for rehearing by a new Tribunal.

Orders

  • Case remitted to a newly constituted Tribunal for rehearing.
  • Respondents to bear in mind criticisms and improve procedures.