Case - Tower Hamlets London Borough Council v. Qayyum

[1987] ICR 729, Employment Appeal Tribunal - Paul Rose QC

Council's appeal against finding of unlawful discrimination where Bengali job applicant had defeated the successful white applicant in being selected by another council but had not even been short-listed by Tower Hamlets.

HELD: A) IT had failed to identify the racial group with whom the proportional inability to comply with the three years' post qualification experience was to be assessed.No finding of fact as to this had been made. B) Racial discrimination did not arise simply because a requirement for employment was set with which few or none of a racial group could meet.Criteria for all had to be set which weeded out those who were plainly unsuitable for the vacant post.Appeal dismissed.

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