The Supreme Court has agreed with the Court of Appeal and held
that the Employment Appeal Tribunal (EAT) was incorrect to conclude
that there is no initial burden of proof on a claimant in a
discrimination claim in Royal Mail Group Ltd v Efobi.
Mr Efobi is a black African born in Nigeria. He worked as a
postman for Royal Mail Group Ltd but attempted, unsuccessfully, on
33 different occasions to secure an IT-related role. He
believed that he had been unsuccessful because of his race and
brought a claim for direct race discrimination.
Around six recruiters and two hiring managers were involved in
Mr Efobi's unsuccessful applications, but Royal Mail did not
call any of them to give evidence at the tribunal hearing. At first
instance the tribunal accepted the evidence of the witnesses Royal
Mail did call that the successful candidates all had significantly
longer and more relevant experience than Mr Efobi and produced more
detailed and relevant CVs. It held that it
