This week's EAT decisions

Discrimination

LEICESTER CITY COUNCIL
v
MRS P McCONNELL

(EAT, 5th March 1999, Holland J.)

When determining whether race discrimination has occurred, an employment tribunal must find a comparator who is not in the racial group in question and where the relevant circumstances are not materially different. If an actual comparator cannot be found, the tribunal must consider the position of a hypothetical comparator.

Extract from judgment: "We reject the subtleties of Mr Segal's reply. In the absence of an actual comparator we see no difficulty in requiring a Industrial Tribunal as an industrial jury to compare the treatment found to be accorded by this employer to the Applicant with the treatment that would have been accorded to a person who is white but who otherwise shares the same characteristics. It is to be remembered that criminal juries are regularly asked to undertake just that intellectual exercise, for example when deciding whether murder is reduced to manslaughter by reason of provocation. Not only is this approach required, but (as this case demonstrates) comparison with a comparator (actual or notional) provides a vital intellectual discipline."

For a copy of the transcript, select http://wood.ccta.gov.uk/eat/eatjudgments.nsf/faf4a44f36aa53fc80256794004040c2/01ead573571930cd802567ba004f2511?OpenDocument

Discrimination
TOM SAWYER & ALL OTHER MEMBERS
OF THE LABOUR PARTY
v
MR R AHSAN
(EAT, 14th July 1999, Lindsay J.)
It is unlawful for a political party to discriminate on grounds of race in the selection of a candidate for a local councillor, under section 12 of the Race Relations Act 1976. An employment tribunal therefore has jurisdiction to hear such an allegation.
For a copy of the transcript, select http://wood.ccta.gov.uk/eat/eatjudgments.nsf/faf4a44f36aa53fc80256794004040c2/1729a1d037f0e08d802567b7003758b1?OpenDocument


Procedure
MRS M J BENYON & OTHERS
v
DAVID SCADDEN & OTHERS

(EAT, 14th June 1999, Lindsay J.)
This case confirms that it is legitimate, in appropriate cases, to take a backing trade union’s funds into account when making a costs order against an applicant. Moreover, there is nothing wrong in principle with ordering costs to be taxed on the indemnity basis.
For a copy of the transcript, select http://wood.ccta.gov.uk/eat/eatjudgments.nsf/faf4a44f36aa53fc80256794004040c2/1f60a27108ef26a4802567b7003b17fb?OpenDocument


Unfair Dismissal
VAUX BREWERIES LTD
v
MR I McNAUGHTON

(EAT, 23rd June 1999, HHJ Peter Clark)

Where a bar manager admits certain, but not all, allegations of sexual harassment against two members of the bar staff, it is within the range of reasonable responses for an employer to decide not to interview other members of staff (so as not to undermine confidence if dismissal did not occur) before deciding to dismiss the manager.

For a copy of the transcript, select
http://wood.ccta.gov.uk/eat/eatjudgments.nsf/faf4a44f36aa53fc80256794004040c2/b16e38592d9c8a61802567bb004024db?OpenDocument