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EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 5 October 2005 Before
Tribunal said in terms that discrimination could not be inferred in the absence of racial motivation. Did not apply the Igen guidelines. Appeal allowed; and remitted to fresh Tribunal.
It is not suggested that that self-direction was other than correct in law. The Tribunal then said at paragraph 11:
It is common ground that what Lord Nicholls said, and what the House of Lords decided, applies equally to a complaint based on primary discrimination as to one based on victimisation. Lord Nicholls went on in paragraph 13 to say this in the context of direct discrimination:
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