EAT VICTIMISATION DISCRIMINATION
PRACTICE AND PROCEDURE
New evidence on appeal
The Employment Tribunal was right to reject the Claimant’s victimisation claim. It disbelieved her allegation that she saw the solicitor representing her previous employer in her first unsuccessful race discrimination visit her current employer.
The Employment Tribunal did not err when it awarded andpound;7000 costs against her, taking into account that she had refused a payment to her in settlement of andpound;5000.
An application to raise a new point based on the Respondent’s suspicion under Race Relations Act 1976 s2(1) that the Claimant had made an earlier claim was refused. This is a disjunctive and separate head from the issue defined at the outset, based on knowledge and would require further investigation by the Employment Tribunal: principles approved in CELTEC v Astley  IRLR 635 HL applied.
 UKEAT 1375 – 08 – 0909
Updated: 04 August 2022; Ref: scu.376155