GFTU Emplaw Emplaw Emplaw

Network Rail Infrastructure Ltd v Griffiths - Henry - Primary facts which justify an inference of discrimination must be set out with utmost clarity [2006] EAT

This judgement overturns a finding of the Employment Tribunal which found unanimously that an employee had been discriminated against on grounds of race and sex in not being selected for one of the five posts which followed a re­-organization of the company for which he worked.

The judgment emphasises the importance of a tribunal setting out with the utmost clarity the primary facts which justify an inference of discrimination. The Tribunal must take account of all potentially non discriminatory factors when reaching its decision and make it clear that it has done so.

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.