Nottingham County Council v Ayub [1995] UKEAT 439_94_1505 (15 May 1995)

Nottingham County Council v Ayub [1995] UKEAT 439_94_1505 (15 May 1995)

The Council failed to demonstrate objective application of selection criteria and all shortlisted candidates were of a different ethnic origin from the Applicant, justifying the inference of unlawful race discrimination. The Industrial Tribunal was entitled to find discrimination and award compensation for injury to feelings.

Citation
[1995] UKEAT 439_94_1505
Parties
Appellant: Nottinghamshire County Council; Respondent: Mr Ayub
Jurisdiction
United Kingdom
Judgment Date
15 May 1995
Procedural Posture
Employment Discrimination Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Positive Discrimination, Recruitment Procedures, Industrial Tribunal Procedure
Employment Law Equality Law Race Discrimination Positive Discrimination Recruitment Procedures Industrial Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Nottinghamshire County Council

Appellant

Mr Ayub

Respondent

Procedural Posture

Employment Discrimination Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Council unlawfully discriminated against the Applicant on grounds of race in the recruitment process
  2. 2 Whether the Industrial Tribunal erred in its approach to evidence and fairness of proceedings

Ratio Decidendi

The Council failed to demonstrate objective application of selection criteria and all shortlisted candidates were of a different ethnic origin from the Applicant, justifying the inference of unlawful race discrimination. The Industrial Tribunal was entitled to find discrimination and award compensation for injury to feelings.

Court Disposition

Appeal dismissed

Orders

  • Industrial Tribunal's decision upheld
  • Award of £2,000 for injury to feelings to the Applicant maintained