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Employment – Discrimination. The appellant, B, brought a claim for race discrimination, victimisation and unfair dismissal in the employment tribunal (the tribunal). The tribunal dismissed the claim for unfair dismissal, but allowed the other claims. B appealed to the Employment Appeal Tribunal (the EAT). The EAT held that the tribunal had misdirected itself on the law, and held that there had been no victimisation. B appealed. The Court of Appeal, Civil Division, in allowing the appeal, held that the EAT, having identified the error of law, should have remitted the matter to the tribunal.
Employment – Discrimination. The appellant, B, brought a claim for race discrimination, victimisation and unfair dismissal in the employment tribunal (the tribunal). The tribunal dismissed the claim for unfair dismissal, but allowed the other claims. B appealed to the Employment Appeal Tribunal (the EAT). The EAT held that the tribunal had misdirected itself on the law, and held that there had been no victimisation. B appealed. The Court of Appeal, Civil Division, in allowing the appeal, held that the EAT, having identified the error of law, should have remitted the matter to the tribunal.
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