Mruke v Khan

Employment – Discrimination. The Employment Tribunal had not erred by confusing the motive for employing the employee with the issue of what characteristics should be attributed to the hypothetical comparator under the Race Relations Act 1976. The Court of Appeal, Civil Division, further held that the decision of the ET on constructive dismissal was perverse and substituted a decision that the employee had been unfairly dismissed by the respondent.

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