Tribunals and race discrimination

The Employment Appeal Tribunal has set down guidelines for tribunals dealing with race discrimination claims. It has said that the tribunal must set out their reasons in such a way as to show the parties why they have won or lost. The main questions the tribunals must answer are:

* was the employee treated less favourably?

* why was there less favourable treatment?

* where there is a difference in race what reason has the employer given for the less favourable treatment? and

* if the explanation is inadequate, can discrimination be inferred?

(Cromwell Hospital v Francis)