Royal Mail Group Ltd (Respondent) v Efobi (Appellant)

UKSC 2019/0068

On appeal from the Court of Appeal Civil Division (England and Wales)

The appellant, Mr Efobi, is a black Nigerian and a citizen of the Republic of Ireland. He has graduate and postgraduate qualifications in information systems. From August 2013, he was employed by the respondent, Royal Mail Group Ltd (“RMG”). He worked as a postman in the operational department but wanted to be employed in the management/IT service area. He applied for many posts but was unsuccessful. He brought proceedings in the Employment Tribunal (“ET”) for harassment, victimisation, and direct and indirect race discrimination in relation to his failure to obtain 22 of these posts.

The ET rejected his claims of discrimination, but his harassment and victimisation claims succeeded in part. Mr Efobi successfully appealed the ET’s discrimination findings in the Employment Appeal Tribunal (“EAT”). The EAT concluded that the ET had erred in its approach to the burden of proof. RMG successfully appealed the EAT’s decision to the Court of Appeal. Mr Efobi now appeals to the Supreme Court.

The issue is:

In a claim for discrimination contrary to the Equality Act 2010, which party bears the burden of proving that discrimination has or has not occurred?

The Supreme Court unanimously dismisses the appeal.

More information is available on our website.

Видео Royal Mail Group Ltd (Respondent) v Efobi (Appellant) канала UKSupremeCourt