burden of proof
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The Commissioner of Police of the Metropolis v Osinaike UKEAT/0373/09/SM
Appeal against ruling that the claimant had been discriminated against by reason of race.The EAT found that the Tribunal had erred in law in holding that it could conclude that the act of harassment was on the grounds of race so that the onus of proof that there was no racially motivated reason passed to the Respondents. Appeal succeeded and the claim of racial harrassment was dismissed.
- cases
15/03/2010 09:21
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Bradford & Bingley Plc v McCarthy UKEAT/0458/09/ZT
Appeal against decision that the claimant was unfairly dismissed because the respondent acted unreasonably having regard to s 98(4) of the Employment Rights Act 1996. Appeal succeeded in part.
- cases
03/03/2010 10:17
