At the Tribunal | |
On 12 November 1998 | |
Before
THE HONOURABLE MR JUSTICE MORISON (P)
MR A C BLYGHTON
MISS A MACKIE OBE
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
For the Appellant | MR S MUNASINGHE (of Counsel) Commission for Racial Equality Elliot House 10/12 Allington Street London SW1E 5EH |
For the Respondents | MRS S MORRIS (Representative) Morris Lacey Management Consultants Ltd 27 The Green Ewell Epsom Surrey KT17 3JS |
MR JUSTICE MORISON: This is the second time that Mrs Berry's claim of unlawful race discrimination against the respondents has come before this court. This appeal relates to the Employment Tribunal decision promulgated on 19th November 1997.
"…there was insufficient information on your application form.
(a) To allow me to complete a short-listing matrix for you based on the criteria listed in the personal specification.
(b) for the degree of detail I would expect for a position as senior as this."
(1) consider the consistency in the application of the selection criteria, particularly whether there was a credible explanation for the appellant not being shortlisted;
(2) consider whether adverse inferences should be drawn from the answers given in the respondents' questionnaire, under section 65(2)(b) of the Race Relations Act and whether the evidence given at trial married with that given in response to the questionnaire;
(3) consider whether there is a conflict between what Mrs Edwards said in the letter of 3rd August 1993 and the information set out in the handwritten matrix;
(4) consider whether there was any communication between Mrs Edwards and Mr Lea which was potentially adverse to the appellant.