Singh v Royal Devon & Exeter Healthcare NHS Trust [2000] UKEAT 1408_99_1603 (16 March 2000)

Singh v Royal Devon & Exeter Healthcare NHS Trust [2000] UKEAT 1408_99_1603 (16 March 2000)

The Employment Tribunal must consider whether less favourable treatment, unexplained by the respondent and accompanied by procedural irregularities, could be due to subconscious discrimination, not just explicit intent.

Citation
[2000] UKEAT 1408_99_1603
Parties
Appellant: Mr Singh; Respondent: Royal Devon and Exeter Hospital Trust
Jurisdiction
United Kingdom
Judgment Date
16 March 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal to proceed to full hearing
Legal Topics
Race Discrimination, Recruitment Procedures, Burden of Proof, Perversity of Tribunal Decision
Employment Law Discrimination Law Race Discrimination Recruitment Procedures Burden of Proof Perversity of Tribunal Decision

Case Brief

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Parties

Mr Singh

Appellant

Royal Devon and Exeter Hospital Trust

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing the claim of race discrimination despite findings of procedural irregularity and less favourable treatment
  2. 2 Whether the Tribunal failed to consider the possibility of subconscious discrimination

Ratio Decidendi

The Employment Tribunal must consider whether less favourable treatment, unexplained by the respondent and accompanied by procedural irregularities, could be due to subconscious discrimination, not just explicit intent.

Court Disposition

Appeal to proceed to full hearing

Orders

  • Appeal listed for full inter partes hearing, 1 day, category B
  • Chairman to provide notes of Mrs Bloom's evidence