Race discrimination

Case 10: The facts

Maila Teruel was recruited in the Philippines to work in a residential care home in Swindon. She was paid less than UK-recruited nurses and claimed race discrimination. Teruel argued that the tribunal should infer discrimination from her employer's initial refusal to complete a discrimination questionnaire.

The ruling

The tribunal and the EAT rejected the claim, accepting the employer's explanation for the pay difference which was to do with recruitment costs, including payments to the agency and the provision of subsidised accommodation. The EAT held that when a questionnaire is not answered and the applicant relies upon this the tribunal ought to consider whether or not to draw an adverse inference. However, in this case the refusal did not go to the heart of the decision to reject Teruel's claim and the failure to consider whether or not discrimination could be inferred did not make the tribunal's decision incorrect.

* Teruel-Fanning v Park View Rest Homes EAT/638/02