Centrewest London Buses Ltd v Ukachukwu [2008] EWCA Civ 521 (10 April 2008)

Centrewest London Buses Ltd v Ukachukwu [2008] EWCA Civ 521 (10 April 2008)

Permission to appeal is granted because the case raises significant issues regarding the treatment of employees who make allegations of racial abuse, the application of the CRE Code of Practice, and the correct legal approach to comparators and burden of proof in discrimination cases. These issues warrant consideration by the full court.

Citation
[2008] EWCA Civ 521
Parties
Respondent/claimant: Centrewest London Buses Ltd; Appellant/defendant: Ukachukwu
Jurisdiction
England and Wales
Judgment Date
10 April 2008
Procedural Posture
Employment Discrimination Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
Permission to appeal granted
Legal Topics
Race Discrimination, Victimisation, Burden of Proof, Suspension of Employee, Code of Practice (cre), Comparators in Discrimination Cases
Employment Law Discrimination Law Race Discrimination Victimisation Burden of Proof Suspension of Employee Code of Practice (cre) Comparators in Discrimination Cases

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Parties

Centrewest London Buses Ltd

Respondent/claimant

Ukachukwu

Appellant/defendant

Procedural Posture

Employment Discrimination Appeal / Renewed Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal erred in overturning the employment tribunal's finding of race discrimination and victimisation
  2. 2 Proper approach to suspension of employees alleging racial abuse
  3. 3 Correct application of the burden of proof and comparators in discrimination cases

Ratio Decidendi

Permission to appeal is granted because the case raises significant issues regarding the treatment of employees who make allegations of racial abuse, the application of the CRE Code of Practice, and the correct legal approach to comparators and burden of proof in discrimination cases. These issues warrant consideration by the full court.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal is given. Grounds are not limited.