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Transport for London & Anor v Aderemi - Establishing discrimination and institutionalised discrimination [2011] EAT

1) When considering whether a prima facie case of discrimination has been made out, a tribunal must first establish that there has been less favourable treatment; only once it has done so should it consider what is the reason for such treatment

2) A finding of institutionalised racism is only appropriate where there is clear evidence to support the inductive process of deriving a conclusion about general corporate attitudes from the actions of specific individuals: a serious of individual incidents of limited scope will be insufficient. 

Mr Aderemi joined Transport for London (TfL) in a management role and was told that he was on a fast track to promotion. Problems started when he requested that, having taken on a particular role, he be promoted to a higher management band to reflect that and as he had seen happen to others. Relations between Mr Aderemi and his managers became strained and various alleged comments were made and, claimed Mr Aderemi, things were not being done that might advance his career. He submitted three grievances in total, and certainly by the second had cited comparators which made it clear he was alleging that he was suffering race discrimination.

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