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Jibby Latinwo
Member - 3 posts
Emma, I don't have all the facts, I was simply trying to defend the employers right to change his mind without being hit with a race claim! In the case mentioned, The offer was made; so where comes race? As an employer, I can't offer a job and then be told it was because of the candidates colour that caused me to withdraw the offer....I think we need to see the judgement for clarity. Each situation is different, I am simply looking at the proof of race in such cases.
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Jibby Latinwo
Member - 3 posts
It would be interesting to see how Race could succed in such a case, since the claimant will have to prove less favourable treatment on the grounds of Race.
Nothing can disturb the fact that he was offered the job in the first place. So it could not have been on the grounds of race or less favourable treatment. Might it be 'the withdrawing of the offer that consitutes race'? But how could the tribunal find that it was on the grounds of his race? Was it his accent, or his nationality? Who were the comparators? This is a strange one since the employer does have a right to change his or her mind on candidates. Are employers not allowed second opinions about prospective candidates without the fear of a Race Claim hitting the courts.......I know each facts are unique....blah blah
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Jibby Latinwo
Member - 3 posts
Was this an employment issue or a criminal offence? it appears this is relevant only to criminal offences, since he was no longer at work when the offences took place.
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