Dattani v West Mercia Police [2005] UKEAT 0385_04_0702 (7 February 2005)

Dattani v West Mercia Police [2005] UKEAT 0385_04_0702 (7 February 2005)

The Employment Tribunal erred in law by considering Respondent explanations when determining whether the Claimant had established a prima facie case of race discrimination, and its finding that the 'outside Hereford' criterion was the sole basis for transfer was perverse given documentary evidence indicating other...

Source-derived case information.

Citation
[2005] UKEAT 0385_04_0702
Parties
Claimant: Mr Allan Dattani; Respondent: West Mercia Constabulary
Jurisdiction
United Kingdom
Judgment Date
07 February 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal, Remitted for Reconsideration
Outcome
Appeal allowed in part, remitted to same Employment Tribunal for reconsideration.
Legal Topics
Race Discrimination, Burden of Proof, Perversity, Drawing Inferences, Remission
Employment Law Equality Law Race Discrimination Burden of Proof Perversity Drawing Inferences Remission

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Summary, issues, holding and outcome

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Parties

Mr Allan Dattani

Claimant

West Mercia Constabulary

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal, Remitted for Reconsideration

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to the burden of proof in a race discrimination claim
  2. 2 Whether the Tribunal's decision was perverse
  3. 3 Whether inferences may be drawn from responses to statutory questionnaires or other documents under Race Relations Act 1976 Section 65

Ratio Decidendi

The Employment Tribunal erred in law by considering Respondent explanations when determining whether the Claimant had established a prima facie case of race discrimination, and its finding that the 'outside Hereford' criterion was the sole basis for transfer was perverse given documentary evidence indicating other factors were considered. The appeal is allowed in part and remitted for reconsideration with directions on the correct approach to burden of proof and drawing inferences under Section 65.

Court Disposition

Appeal allowed in part, remitted to same Employment Tribunal for reconsideration.

Orders

  • Employment Tribunal to reconsider the transfer claim applying correct burden of proof principles.
  • Tribunal to make findings on the precise criteria relied upon for selection.