EAT RACE DISCRIMINATION – Direct
HARASSMENT
This was an employee’s claim that she had been subjected to race discrimination and harassment on grounds of her nationality and/or national origins. Of 24 discrete allegations tried by the Tribunal only five were upheld. Despite a six-day hearing, the Tribunal’s findings of fact on those five matters were limited and the reasoning and conclusions were collapsed into two short paragraphs each addressing whether the five matters taken together amounted respectively to discrimination and/or harassment. The EAT allowed the employer’s appeal as the Tribunal’s Judgment (of which no party had been able to obtain a complete coherent copy) had failed to make the essential linkage between factual findings, reasons and conclusions in respect of each one of the allegations upheld. The claims in respect of the five allegations were remitted to a differently constituted Tribunal.
Judges:
Luba QC R
Citations:
[2011] UKEAT 0512 – 10 – 2405
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 16 September 2022; Ref: scu.441830