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12 June 2008
Issue: 7325 / Categories: Case law , Discrimination , Law digest , Employment
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Employment law

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
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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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