Walters v Avanta Enterprise Ltd

Employment – Race discrimination. The Employment Appeal Tribunal (the EAT) allowed, in part, an appeal by an employee of Afro-Caribbean origin against the employment tribunal's decision striking out her claims of disability discrimination, direct race discrimination, harassment and victimisation, as having no reasonable prospect of success. The EAT held that the employment judge had erred in failing to consider that it was arguable that an employment tribunal should consider how a hypothetical white comparator would be treated in the circumstances, and in concluding that the claim of race discrimination should be struck out as having no reasonable prospect of success.