18 January 2013
Bijlani v Stewart and others UKEAT/0228/11/RN, [2013] All ER (D) 35 (Jan)
It was settled law that in order to make a finding of race discrimination, the court or tribunal had to find that, by reason of the act or acts complained of, a reasonable worker would or might take the view that he had thereby been disadvantaged in the circumstances in which he had thereafter to work. The test of whether a claimant had been subjected to a detriment by an act of race discrimination was purely one of causation. Intention was not material or necessary to establish that a claimant had been subjected to detriment.
