Race discrimination; amendment; scope of the claim form. The EAT (Buckley J) treated a claim form asserting 'race discrimination' as sufficient to cover both direct and indirect discrimination, so that adding indirect discrimination was not a new claim, and approached a late amendment by balancing the injustice and hardship of allowing and refusing it (as described in Ali v Office for National Statistics [2004] EWCA Civ 1363 at [21], [27]). Disapproved in Ali at [51]. [Summary not yet checked against the judgment.]
Disapproved by Ali v Office for National Statistics [2004] EWCA Civ 1363 (2004-10-21)
The Court of Appeal adopted Charles J's critique in Smith v Zeneca (Agrochemicals) Ltd [2000] ICR 800, and held that whether a claim form contains a claim is judged on the whole document [39].
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References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Race Discrimination; Victimisation; Causation. The House of Lords (as it then was) held that the 'reason why' test focuses on the conscious or subconscious influence of the protected characteristic on the decision-maker. Motive, whether benign or malicious, is irrelevant if the prohibited ground had a 'significant influence' on the outcome. [Summary not yet checked against the judgment.]
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References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Discrimination; burden of proof; clarified the two-stage test for shifting the burden to the employer. [Summary not yet checked against the judgment.]
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References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Discrimination; burden of proof; a difference in status and difference in treatment is not enough to shift the burden.
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Cites
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Discrimination; burden of proof; the Supreme Court held that the two-stage burden of proof test is a tool, not a substitute for the tribunal's duty to find the facts and draw inferences.
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Cites
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Race discrimination; illegality; immigration status; the defense of illegality did not defeat a claim for race discrimination where the public policy against trafficking outweighed the public policy against illegal contracts.