The Employment Appeal Tribunal (EAT) has ruled in favour of Dr Lyfar-Cisse’s challenge to protect her discrimination claims against Brighton & Sussex University Hospital NHS Trust.

Shazia Khan acts for Dr Lyfar-Cisse, Principal Clinical Biochemist at Brighton & Sussex University Hospital NHS Trust. Dr Lyfar-Cisse brought claims for direct race discrimination, harassment, and victimisation against the Trust and other named individuals following emails sent by colleagues at work and the subsequent grievance procedure. The Employment Tribunal (ET) ruled against Dr Lyfar-Cisse, and she subsequently appealed to the Employment Appeal Tribunal.

The EAT has confirmed that the ET had erred in law in failing to make findings of fact relating to specific allegations of discrimination by Dr Lyfar-Cisse. In addition they found that the ET had failed to apply the correct law when considering the burden of proof and whether the Trust had provided an adequate explanation for its behaviour.

The case has now been sent back to the ET for it to make the relevant findings and apply the correct legal tests. A hearing will be listed shortly.