Discrimination: Past conduct relevant to discrimination complaint

Two recent appellate decisions have confirmed that evidence of the employers' past discriminatory actions or attitudes may be relevant in determining whether they have discriminated in the case under consideration, and that documents providing such evidence can therefore be the subject of an order for discovery. In West Midlands Passenger Transport Executive v Singh, the Court of Appeal confirms an order for the discovery of statistics on the ethnic origin of past successful and unsuccessful candidates for promotion.