Inference of discrimination

Case 8: The facts

University lecturer Dr D’Silva brought a claim of race discrimination against his trade union, NATFHE (now part of UCU), relating to the way it handled his application for legal representation. An employment tribunal dismissed his claims and D’Silva appealed, arguing among other things that the tribunal had failed to infer discrimination from the union’s failure to respond to his race discrimination questionnaire.

The ruling

An individual who thinks s/he has been discriminated against can send a questionnaire to the alleged discriminator. If they fail to respond, or to respond fully, a tribunal is entitled to draw an inference that the reason for the treatment complained of was discriminatory. In this case the EAT found there had been no discrimination and said that failing to respond to a questionnaire does not automatically lead to a presumption of discrimination; the tribunal has to examine it in light of all the evidence.