• Robert Spicer

Race discrimination: evidence



Standard of proof

Case Hylton v Institute of Directors EA-2019-000999-JOJ, EAT

Facts H was dismissed by ID in July 2017. He did not have two years continuous employment. He complained of direct race discrimination. He alleged that he had experienced racism and harassment and that he was at an immediate disadvantage because of racial stereotyping on the part of ID. Further, he alleged that ID only wanted to employ staff from a particular racial background and he had been dismissed because of false allegations. H also brought evidence of ID’s race discrimination. The ET dismissed the complaint. H appealed to the EAT.

Decision 1. The appeal was dismissed.

2. H’s allegations were not supported by the evidence.

3. H had been dismissed because of fears of violence and because he had failed to respond to claims of false commission.

4.H had not satisfied the standard of proof needed for direct race discrimination.

5. ID had not been obliged to raise in advance the issues on which H had been dismissed.

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