Staffordshire County Council v Bennett [1995] UKEAT 67_94_0307 (3 July 1995)

Staffordshire County Council v Bennett [1995] UKEAT 67_94_0307 (3 July 1995)

The Tribunal was entitled to find, on the facts, that Mrs Bennett was directly discriminated against on racial grounds. The explanations offered by the Council were considered and rejected. There was no error of law or perversity in the Tribunal's decision, and the appeal must be dismissed.

Citation
[1995] UKEAT 67_94_0307
Parties
Appellant: Staffordshire County Council; Respondent: Mrs Bennett
Jurisdiction
United Kingdom
Judgment Date
03 July 1995
Procedural Posture
Appeal From Industrial Tribunal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Direct Discrimination, Employment Recruitment, Burden of Proof
Employment Law Equality Law Racial Discrimination Direct Discrimination Employment Recruitment Burden of Proof

Case Brief

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Parties

Staffordshire County Council

Appellant

Mrs Bennett

Respondent

Procedural Posture

Appeal From Industrial Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in law in finding direct racial discrimination against Mrs Bennett
  2. 2 Whether the Tribunal failed to properly consider the explanations given by the Council for not appointing Mrs Bennett
  3. 3 Whether the Tribunal's decision was perverse

Ratio Decidendi

The Tribunal was entitled to find, on the facts, that Mrs Bennett was directly discriminated against on racial grounds. The explanations offered by the Council were considered and rejected. There was no error of law or perversity in the Tribunal's decision, and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Industrial Tribunal stands.