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Tower Hamlets Primary Care Trust v Ugiagbe - Reversal of burden of proof in discrimination cases [2010] EAT

A tribunal inferred racially discriminatory reasons for treatment afforded to an employee when other explanations were just as likely and so this case was remitted back for rehearing.

No new point of law is established by this case.  Although the judgment is thorough and lengthy, only a brief summary is thus provided here.  The EAT's own summary simply states that:

"Findings of race discrimination by the Employment Tribunal were set aside by the Employment Appeal Tribunal because (a) the acts which were said to be acts of race discrimination were not the ones of which complaint had been made, (b) the Tribunal did not identify the facts from which race discrimination could be inferred, (c) the Tribunal did not explain why race discrimination could be inferred from the facts which it found proved and (d) for other reasons".

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