EAT Unfair Dismissal – RACE DISCRIMINATION – The issue on the appeal is whether the Employment Tribunal had erred by failing to deal with a case advanced by the Claimant, and not withdrawn nor conceded. It was held that the Employment Tribunal should not consider a claim outside those in the ET1, but that did not mean it had to consider every claim within it: where parties agreed issues as being those which an Employment Tribunal had to determine in its Judgment, before that Judgment was delivered, all they could ask was that the Employment Tribunal resolved those issues on which they had agreed. That was what the Employment Tribunal here did. Once it was clear as a matter of fact that the issues list had been agreed, there could be no complaint that the Employment Tribunal had failed to deal with incidents identified as giving rise to claims of harassment if they were also potentially claims of direct discrimination; the Employment Tribunal here had shown sufficiently that it had considered all the facts in answering whether there had been discriminatory conduct at all; and on application of Mensah and Muschett it was dismissed
Lanhstaff P J
[2015] UKEAT 0020 – 15 – 1405
Bailii
England and Wales
Employment, Discrimination
Updated: 02 January 2022; Ref: scu.550126