“…y in concluding that the pay policy was a ‘stop gap’ measure the EAT erred at paragraph 31 of its judgment in failing to apply the principle in Chapman v Simon [1994] IRLR 124 that the basis for any inferences drawn should be properly identified in the judgment or otherwise erred in failing to identify there was no legitimate basis f…”
“…ich need to be properly spelt out: he relies on the well-known statements to that effect in the judgments of Balcombe LJ and Peter Gibson LJ in Chapman v Simon [1994] IRLR 124: see paras. 33 (3) and 43.…”
“…The ET1 is what gives the ET jurisdiction to decide a dispute; see Chapman v Simon [1994] IRLR 124. The ET does not have jurisdiction to consider a claim not made in the ET1 nor does it have a general duty to consider everything raised in the ET1 (see Mensah…”
“…aised a possibility of discrimination and was not, without more, a sufficient basis for a prima facie case. He reminded us of the statements in Chapman v Simon [1994] IRLR 124 that inferences of racial discrimination cannot be drawn merely speculatively or on the basis of a “mere intuitive hunch” – see per Balcombe LJ at para. 33 (3)…”