Post Office v O'Driscoll [1992] UKEAT 138_90_0904 (9 April 1992)
The appeal succeeded because the Industrial Tribunal failed to make sufficient and clear findings of fact regarding the sequence and purpose of the interview questions, making it unsafe to uphold the conclusion of unlawful discrimination.
- Citation
- [1992] UKEAT 138_90_0904
- Parties
- Appellant: Post Office; Respondent: Mr O'Driscoll
- Jurisdiction
- United Kingdom
- Judgment Date
- 09 April 1992
- Procedural Posture
- Employment Discrimination Appeal / Appeal From Industrial Tribunal Decision
- Outcome
- Appeal allowed; case remitted for reconsideration
- Legal Topics
- Race Discrimination, Interview Arrangements, Stereotyping, Burden of Proof in Discrimination Cases
Case Brief
Summary, issues, holding and outcome
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Parties
Post Office
Appellant
Mr O'Driscoll
Respondent
Procedural Posture
Employment Discrimination Appeal / Appeal From Industrial Tribunal Decision
Legal Issues
- 1 Whether the conduct of the interview amounted to less favourable treatment on racial grounds under the Race Relations Act 1976, sections 1(1)(a) and 4(1)(a)
- 2 Whether the Industrial Tribunal made sufficient findings of fact to support its conclusion of discrimination
Ratio Decidendi
The appeal succeeded because the Industrial Tribunal failed to make sufficient and clear findings of fact regarding the sequence and purpose of the interview questions, making it unsafe to uphold the conclusion of unlawful discrimination.
Court Disposition
Appeal allowed; case remitted for reconsideration
Orders
- The decision of the Industrial Tribunal is set aside.
- The case is remitted to a different Industrial Tribunal for reconsideration.
Full Case Text
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