Deloitte Faces Re-Hearing After Tribunal Finds Errors in Unfair Dismissal and Race Discrimination Case
Deloitte will face a re-hearing after the Employment Appeal Tribunal (EAT) identified errors in the original handling of an unfair dismissal and race discrimination claim brought by Mrs. B. Sritharan.
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Deloitte Tribunal Decision Overturned
The Employment Appeal Tribunal (EAT) has overturned parts of an Employment Tribunal's (ET) decision in the case of Mrs B. Sritharan v Deloitte LLP & Mr P. Gooch, citing errors in the handling of an unfair dismissal and race discrimination claim.
Key Findings of the EAT
The EAT, presided over by Judge J Keith, Miss Natalie Swift, and Miss Emma Lenehan, found that the original ET had erred in several key areas:
- Unfair Dismissal: The ET failed to adequately explain why discriminatory aspects of the process for considering Mrs. Sritharan for an alternative role didn't render her subsequent dismissal unfair.
- Race Discrimination: The ET erred by not considering whether the burden of proof had shifted. Mrs. Sritharan had identified a specific comparator (a white male) who successfully applied for the same role, yet Deloitte provided no evidence regarding his recruitment.
Specific Errors Highlighted
The EAT's judgement identifies several instances where the original ET's reasoning was flawed. These included:
- Failing to properly address the question of justification in relation to indirect disability discrimination.
- Failing to consider the findings of discrimination when assessing the fairness of the dismissal.
- Failing to consider whether an adverse inference should have been drawn from Deloitte's lack of evidence regarding the successful comparator.
Impact of the Decision
As a result of these errors, the EAT has ordered a re-hearing of the relevant aspects of Mrs. Sritharan's claim before a differently constituted Employment Tribunal. The EAT preserved most of the original ET's findings of fact, except those directly undermined by the identified errors.
The case underscores the importance of employers ensuring fair and transparent processes, especially when dealing with potential discrimination and dismissal situations. The EAT's judgement highlights the need for tribunals to thoroughly assess all relevant evidence and consider the burden of proof when evaluating discrimination claims.
Read the entire judgement here: Mrs B. Sritharan v Deloitte LLP & Mr P. Gooch [2025] EAT 5
