Leicester City Council v Parmar

Subject Matter

DISCRIMINATION — Race — Less favourable treatment — Director of respondent council commencing disciplinary investigation against claimant — Similar action not taken against employees of different race in similar circumstances — Claim of race discrimination — Tribunal finding burden of proof shifting to respondent to demonstrate non-discriminatory reason for difference in treatment — Proper test for shifting of burden of proof — Proper approach to considering difference in treatment — Equality Act 2010 (c 15), ss 13, 136

[2024] EAT 85; [2024] ICR 1115; [2024] IRLR 721; [2024] WLR(D) 263, EAT

DISCRIMINATION — Race — Less favourable treatment — Director of respondent council commencing disciplinary investigation against claimant — Similar action not taken against employees of different race in similar circumstances — Claim of race discrimination — Tribunal finding burden of proof shifting to respondent to demonstrate non-discriminatory reason for difference in treatment — Whether tribunal adopting correct test for shifting of burden of proof — Whether taking proper approach to difference in treatment — Equality Act 2010 (c 15), ss 13, 136

[2025] EWCA Civ 952; [2025] ICR 1581; [2025] IRLR 782; [2025] WLR(D) 392, CA

Appellate History