The claimant appealed dismissal of his claim for race discrimination, saying that the defendant had failed to comply with its own disciplinary procedures. She had been accused of making inappropriate remarks after 9/11. The EAT had found that the ET had misunderstood the defendant’s procedures.
Held: The appeal succeeded. The suspension had proceeded despite awareness that the evidential basis was weak, and without proper enquiries. The Code required more than mere suspicion of gross misconduct, that suspicion must also be based on reasonable grounds.
Judges:
Ward LJ, Smith LJ, Richards LJ
Citations:
Times 30-Aug-2006, [2006] EWCA Civ 1136, [2007] ICR 153
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – The Crown Prosecution Service v Aziz EAT 23-May-2005
EAT Race Discrimination – Erroneous construction by Employment Tribunal in law of Respondent’s disciplinary procedures led to the conclusion that the Respondent had acted in deliberate breach of its own procedure . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 22 November 2022; Ref: scu.244095
