When drawing inferences from the evidence, it is essential that a tribunal makes findings on the primary facts so that it can be seen whether the inference has been properly drawn; if there are no such findings, there can be no inference, only speculation (see Chapman v Simon [1994] IRLR 124, CA, per Balcombe LJ). Whilst this is true in all cases where a tribunal is invited to draw an inference from the evidence, it is especially important in discrimination cases where frequently the only evidence of discrimination is to be inferred. Thus, for example, where a tribunal concluded that a respondent had 'prejudged' the case against the claimant because of the tribunal's own belief that the respondent had 'subconsciously or unconsciously' been affected by the fact that the claimant was black, it was held that this was an unsustainable
View full volume
CONTACT US
