header-logo header-logo

Employment law

12 June 2008
Issue: 7325 / Categories: Case law , Discrimination , Law digest , Employment
printer mail-detail

D'Silva v NATFHE [2008] IRLR 412

One ground of appeal concerned whether discriminatory inferences should have been drawn from the manner in which the employer had answered the statutory questionnaire under the Race Relations Act 1976.

HELD A failure to answer a discrimination questionnaire, or a failure otherwise in providing information or documents, does not automatically raise a presumption of discrimination. Failures of that kind are matters from which inferences can be drawn, but only in appropriate cases, and the drawing of inferences from such failures is not a “tick-box” exercise. Such failures are only relevant to the extent that they potentially shed light on the actual discrimination complained of and thus on the “mental processes” of the decision-maker.

It is necessary in each case to consider whether, in the particular circumstances of that case, the failure in question is capable of constituting evidence supporting the inference that the respondent acted discriminatorily in the manner alleged; and, if so, whether in the light of any explanation supplied it does in fact justify that inference. There will be many cases where it should be clear from the start, or soon becomes evident, that any alleged failure of this kind, however reprehensible, can have no bearing on the reason why the respondents did the act complained of, which in cases of direct discrimination is what the tribunal has to decide.

In such cases time and money should not be spent pursuing the point (Mr Justice Underhill at 38).

Issue: 7325 / Categories: Case law , Discrimination , Law digest , Employment
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll