Sawyers v Birmingham City Council [1998] UKEAT 754_98_0110 (1 October 1998)

Sawyers v Birmingham City Council [1998] UKEAT 754_98_0110 (1 October 1998)

The Tribunal applied the correct legal test for racial discrimination by requiring evidence that less favourable treatment was racially motivated, and not merely that favourable treatment of another race resulted in disadvantage to the applicant.

Source-derived case information.

Citation
[1998] UKEAT 754_98_0110
Parties
Appellant: Mr Sawyers; Respondent: Birmingham City Council
Jurisdiction
United Kingdom
Judgment Date
01 October 1998
Procedural Posture
Employment Appeal / Interlocutory Appeal Decision
Outcome
Appeal dismissed in respect of the legal test for discrimination; appeal to proceed to full hearing on evidential ground.
Legal Topics
Racial Discrimination, Shortlisting for Employment, Burden of Proof
Employment Law Equality Law Racial Discrimination Shortlisting for Employment Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Sawyers

Appellant

Birmingham City Council

Respondent

Procedural Posture

Employment Appeal / Interlocutory Appeal Decision

Legal Issues

  1. 1 Whether the Tribunal applied the correct legal test for racial discrimination in shortlisting for employment
  2. 2 Whether less favourable treatment was racially motivated

Ratio Decidendi

The Tribunal applied the correct legal test for racial discrimination by requiring evidence that less favourable treatment was racially motivated, and not merely that favourable treatment of another race resulted in disadvantage to the applicant.

Court Disposition

Appeal dismissed in respect of the legal test for discrimination; appeal to proceed to full hearing on evidential ground.

Orders

  • Appeal dismissed on legal test ground
  • Appeal to proceed to full hearing on evidential ground; Chairman to provide notes of the relevant passage of evidence