header-logo header-logo

Discrimination

29 January 2009
Issue: 7354 / Categories: Case law , Tribunals , Public , Discrimination , Law digest
printer mail-detail

Ladele v London Borough of Islington [2009] All ER (D) 100 (Jan)

Where a case involves alleged direct discrimination:
(i) the tribunal has to determine the reason why the claimant was treated as he was;

(ii) if the tribunal is satisfied that the prohibited ground is one of the reasons for the treatment, that is sufficient to establish discrimination (it need not be the only or even the main reason; it is sufficient that it is significant in the sense of being more than trivial);

(iii) tribunals frequently have to infer discrimination from all the material facts. The first stage places a burden on the claimant to establish a prima facie case of discrimination; if the claimant proves such facts, the burden shifts to the employer who can only discharge the burden by proving on the balance of probabilities that the treatment was not on the prohibited ground;

(iv) the mere fact that the claimant is treated unreasonably does not justify an inference of unlawful discrimination to satisfy stage one (if the employer shows that the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll