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    Martins (Appellant) v. Marks

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    Laurel Dundas

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    Martins (Appellant) v. Marks

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    Laurel Dundas
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    19 views8 pages

    Martins (Appellant) v. Marks

    Uploaded by

    Laurel Dundas

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    © All Rights Reserved
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    (1998) IRLR 326 Martins v Marks & Spencer MARTINS (appellant) v. MARKS & SPENCER ple (respondents) [i 700 Race relations ‘711 Direct discrimination 716 — Relevant circumstances the same or not materially different 738 Diserimination by employers - refusal to offer employment 745 — Liability of employers and principals 798 Tribunal procedure 4300 Tribunals Race Relations Act 1976 sections: 1(1a),3(4),4(1), 2(3) ‘The facts: ‘Ms Martins, who is Afro-Caribbean by origin, applied four times for a post as a trainee manager with Marks & Spencer, but was rejected without an interview. She brought race dis- crimination proceedings in respect of her last application. The claim was settled on the payment of £250 compensation and agreement that she would take a selection test and would be granted an interview. ‘Ms Martins did well on her practical test, but her application for employment was unsuecessful, because her performance at the interview was graded poorly. In particular, it was thought that she did not “communicate effectively”. The interviewing panel was composed of a man of Afro-Caribbean origin employed as a senior buyer and a white woman employed as senior group personnel manager, ‘When Ms Martins asked for further details, she was inter viewed by a recruitment manager, where she alleged that the company pursued racist policies. However, the manager decided that no further action was required. ‘Ms Martins brought a complaint of race discrimination, An industrial tribunal found that “nothing but bias” could explain the ow marks she had received from the recruitment panel. The tri- bunal said: “We are aware, for all three of us have spent a lifetime interviewing, that it is perfectly obvious that people do behave dif- ferently on different occasions and there is absolutely no doubt. that every individual can have a bad interview. On the other hand, it is not our experience that people in interview can appear as something completely different than they do on other occa- sions.” On the basis of her evidence before them, the tribunal found it inconceivable that Ms Martins could properly be

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