Save & Prosper Group Ltd v Sequeira [1997] UKEAT 1080_95_1301 (13 January 1997)

Save & Prosper Group Ltd v Sequeira [1997] UKEAT 1080_95_1301 (13 January 1997)

The Tribunal was entitled to prefer the evidence of the applicant and Ms Labrom over that of Mr Townsend, to find that the Joiners Scale was a sham, and to infer that the applicant was treated less favourably on racial grounds. There was evidence to support these inferences, and the Tribunal's reasoning was adequate and disclosed no error of law.

Citation
[1997] UKEAT 1080_95_1301
Parties
Appellant: Save & Prosper Ltd; Respondent: Mr Sequeira
Jurisdiction
United Kingdom
Judgment Date
13 January 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Racial Discrimination, Direct Discrimination, Employment Recruitment, Burden of Proof
Employment Law Discrimination Law Racial Discrimination Direct Discrimination Employment Recruitment Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Save & Prosper Ltd

Appellant

Mr Sequeira

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in finding direct racial discrimination against the applicant by Save & Prosper Ltd
  2. 2 Whether the Tribunal's reasoning and inferences regarding discrimination were permissible and adequately explained

Ratio Decidendi

The Tribunal was entitled to prefer the evidence of the applicant and Ms Labrom over that of Mr Townsend, to find that the Joiners Scale was a sham, and to infer that the applicant was treated less favourably on racial grounds. There was evidence to support these inferences, and the Tribunal's reasoning was adequate and disclosed no error of law.

Court Disposition

appeal dismissed

Orders

  • The appeal by Save & Prosper Ltd is dismissed.
  • The cross-appeal is not considered.