17 May 2012
Morris v Royal Bank of Scotland plc UKEAT/0436/10/MAA, [2012] All ER (D) 53 (May)
Section 1(a) of the Race Relations Act 1976 provided for a two-part test, namely whether the complainant had been treated less favourably than another person had, or would have been, treated and, if so, whether the treatment was on racial grounds. It remained the law that what a tribunal was concerned with, at least in a case of the instant kind, was the mental process of the relevant decision-maker or his or her motivation in order to establish the grounds on which he or she had acted.