Tchoula v Netto Foodstores Ltd: EAT 14 Jul 1997

The appicant sought leave to appeal against refusal of his claim of race discrimination.
Held: Leave was granted on one point. The Industrial Tribunal under the heading ‘Dismissal’, referred to the fact that: ‘The applicant lacked the ability to be a ‘team player’ and lack interpersonal and management skills.’
‘It seems to us to be arguable that an Industrial Tribunal when faced with a contention that an employee who is of an ethnic minority was not a team player or did not fit in, should recognise it as one of the warning signals which they should be astute to detect as being a potential sign of discrimination. It seems to us, therefore, that it is arguable that the Industrial Tribunal have not carried out the function which Parliament has imposed on them in a case such as this. We express no view one way or the other on this question, but it seems to us to call for debate before a full panel of the Employment Appeal Tribunal.’


Morison J P


[1997] UKEAT 1378 – 96 – 1407




Race Relations Act 1976


England and Wales

Cited by:

See AlsoTchoula v Netto Foodstores Ltd EAT 6-Mar-1998
A bald statement saying that X’s evidence was preferred to Y’s is implausible and unreasoned and unacceptable; included simply to try and prevent any appeal. It is likely that there will be a great deal of background material which is . .
See AlsoTchoula v Netto Foodstores (UK) Limited CA 15-Oct-1998
The complainant alleged bias on the part of the tribunal, saying that a tribunal member had fallen asleep. He now sought leave to appeal against the decision of the EAT. The Employment Appeal Tribunal had indicated certain areas of dissatisfaction . .
CitedDr Anya v University of Oxford and Another CA 22-Mar-2001
Discrimination – History of interactions relevant
When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 06 August 2022; Ref: scu.207691