Effect of bias by interviewers

In Marks & Spencer plc v Martins (19 December 1997) EOR79B, the Court of Appeal rules that it was an error for an industrial tribunal to find that the employer discriminated against an applicant on grounds of her race because its interviewers were guilty of "bias". A finding of discrimination required a comparison to be made between the treatment of the complainant and the treatment of someone from a different racial group with similar experience and qualifications.