header-logo header-logo

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

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
printer mail-details

MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll