Jones v Varney & Anor [1996] UKEAT 19_96_1410 (14 October 1996)

Jones v Varney & Anor [1996] UKEAT 19_96_1410 (14 October 1996)

The Industrial Tribunal erred in failing to draw an inference of race discrimination from the facts, including the Council's inadequate procedures, the differential treatment of candidates, and the lack of credible non-discriminatory explanation. The appellant's lack of candour on unrelated matters was irrelevant to the core issue of discrimination in selection for employment.

Citation
[1996] UKEAT 19_96_1410
Parties
Appellant: Mrs Jones; Respondents: Cornwall County Council and the manager of Morley-Tamblyn Lodge
Jurisdiction
United Kingdom
Judgment Date
14 October 1996
Procedural Posture
Appeal / Judgment on Appeal From Industrial Tribunal
Outcome
Appeal allowed; finding of race discrimination substituted; matter remitted for relief hearing.
Legal Topics
Race Discrimination, Recruitment Procedures, Equal Opportunities, Victimisation
Employment Law Equality Law Race Discrimination Recruitment Procedures Equal Opportunities Victimisation

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Jones

Appellant

Cornwall County Council and the manager of Morley-Tamblyn Lodge

Respondents

Procedural Posture

Appeal / Judgment on Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the appellant was unlawfully discriminated against on grounds of race in recruitment for employment
  2. 2 Whether the Industrial Tribunal erred in failing to draw an inference of discrimination

Ratio Decidendi

The Industrial Tribunal erred in failing to draw an inference of race discrimination from the facts, including the Council's inadequate procedures, the differential treatment of candidates, and the lack of credible non-discriminatory explanation. The appellant's lack of candour on unrelated matters was irrelevant to the core issue of discrimination in selection for employment.

Court Disposition

Appeal allowed; finding of race discrimination substituted; matter remitted for relief hearing.

Orders

  • Finding of race discrimination against the respondents substituted for the Industrial Tribunal's decision.
  • Case remitted to the same Industrial Tribunal for hearing of any claim for relief.