Proving discrimination

Case 7: The facts

Mr Rihal, a Sikh, had worked in the council housing department for a number of years. On a number of occasions he had been passed over for promotion or otherwise not assimilated into posts of his choice. Furthermore, when he and a white colleague complained, the white colleague got a pay increase but he did not. Rihal alleged that there was a "glass ceiling" which prevented him from being appointed to posts commensurate with his qualifications. A tribunal found that he had been discriminated against and the council appealed.

The ruling

The EAT held that the tribunal had been correct in looking at Rihal's entire employment history, and that the individual events complained of should not, as the council argued, be looked at separately. They were bound to consider the surrounding events and the statistical data demonstrating that there were no non-whites in the most senior positions. The case confirms that the standard test to establish discrimination is to look at two questions - was the applicant treated less favourably, and was this on racial grounds?

LB Ealing v Rihal EAT/0987/01