rbs_nwossuagwuEAT2012
EAT Race Discrimination : Inferring Discrimination – The Employment Tribunal was entitled to conclude on the facts that the Claimant had not been unfairly dismissed; Claimant’s appeal dismissed.
In relation to two claims for victimisation the Claimant claimed that she was subjected to less favourable treatment by reason of having done protected acts. The Employment Tribunal dismissed the claims. Case remitted to a fresh Employment Tribunal because the Employment Tribunal had misunderstood the nature of the Claimant’s case as the initiation of the acts said to amount to less favourable treatment.
A third act of victimisation was found by the Employment Tribunal to have been made out. However this allegation was not pleaded in the ET1. In the circumstances the Employment Tribunal should not have embarked on a trial of the issue; appeal allowed.
Serota QC J
[2011] UKEAT 0594 – 10 – 2402
Bailii
England and Wales
Employment, Discrimination
Updated: 02 November 2021; Ref: scu.451688