Gayle v Sandwell and West Birmingham Hospitals NHS Trust: EAT 16 Apr 2010

EAT TRADE UNION RIGHTS – Action short of dismissal
VICTIMISATION DISCRIMINATION – Other forms of victimisation
The Employment Tribunal did not err in failing to determine the Appellant’s claim under Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 on a balance of probabilities.
The Appellant had also claimed victimisation under the Race Relations Act 1976 by being taken through the disciplinary process and being dismissed. The Employment Tribunal erred in failing to consider as a separate claim of victimisation under the Race Relations Act 1976 being taken through the Respondent’s disciplinary process. Being taken through such a process was capable of constituting a detriment.
The case was remitted to the same Employment Tribunal for determination of the claim of victimisation under the Race Relations Act 1976.
McMullen QC J
[2010] UKEAT 0338 – 09 – 1604
Bailii
Trade Union and Labour Relations (Consolidation) Act 1992 8146, Race Relations Act 1976
Cited by:
Appeal fromGayle v Sandwell and West Birmingham Hospitals NHS Trust CA 28-Jul-2011
The claimant said that in deciding her case, the Employment tribunal had wrongly taken account of a final warning on her record when that warning had been given on prohibited grounds. The EAT said that a tribunal could only go behind such a record . .

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Updated: 25 February 2021; Ref: scu.417095