Buddy says: Yes, the Court of Appeal in Aziz v Crown Prosecution Service [2006] held that race discrimination can be inferred where an employer had breached its disciplinary code and no satisfactory explanation of the breach could be given.

Employer information: In Aziz, the CPS had failed to carry out enquiries before deciding to suspend an employee of Asian origin and a Muslim who had voiced her opinion that although she did not agree with the attacks on America, she also did not agree with America's subsequent actions in several countries.

The Court of Appeal's decision in Aziz that race discrimination can be inferred demonstrates the importance of following the statutory dismissal and disciplinary procedures with respect to a claim for race discrimination as well as ensuring compliance with unfair dismissal legislation regardless of what the employer's disciplinary procedure says. In particular, an employer must carry out appropriate enquiries before a decision to suspend an employee is taken.