Ladiende and others v Royal Mail Group Ltd

Employment – Race discrimination. The Employment Appeal Tribunal, in allowing, in part, the employees' appeal against the dismissal of their direct race discrimination and victimisation claims, held that the employment tribunal (the tribunal) had erred in the application of the burden of proof and that, having found an absence of an explanation by the employer in respect of why the grievance procedure had been handled in the way that it had, the tribunal's reasoning suggested that it had erroneously considered that its role had been to provide the missing explanation. The case was remitted to a different tribunal for a reconsideration in respect of the direct discrimination and victimisation claims.

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