It is perfectly possible for there to be very little direct evidence of discrimination in a recruitment process, but for an employee to win a tribunal claim because the employer's failure to keep a clear record leads to inconsistencies in its defence, as this disability discrimination case shows.
Employers that operate a transparent and carefully recorded recruitment process have little to fear if they find themselves in an employment tribunal, as this race discrimination case shows.
David Malamatenios is a partner and Colin Makin, Sandra Martins, Melissa Powys- Rodrigues and Linda Quinn are associates at Colman Coyle Solicitors. They round up the latest rulings.