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HM Prison Service and others v Ibimidun: EAT 2 Apr 2008

EAT VICTIMISATION DISCRIMINATION:
Dismissal
UNFAIR DISMISSAL:
Reasonableness of dismissal
Reason for dismissal for purposes of (a) s2 RRA victimisation claim and (b) unfair dismissal. Whether s2(2) RRA disqualified the Claimant from pursuing victimisation claim. Reasonableness under s98(4) dependant on (a) finding of victimisation being upheld (it was not) and (b) finding of failure to carry out reasonable investigation into a matter which did not form part of the reason for dismissal as found by ET. Appeal allowed. Consequent remedy appeal by Claimant (and cross-appeal by Respondent) dismissed.

Citations:

[2008] UKEAT 0408 – 07 – 0204, [2008] IRLR 940

Links:

Bailii

Statutes:

Race Relations Act 1976

Employment, Discrimination

Updated: 17 July 2022; Ref: scu.270226

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