Vaseghi v Brunel University [2006] EWCA Civ 1681 (21 November 2006)

Vaseghi v Brunel University [2006] EWCA Civ 1681 (21 November 2006)

The Employment Tribunal misstated the law on subconscious discrimination and failed to provide adequate reasons for its findings on both the discrimination and trade union detriment claims. The explanations given on review were insufficient to cure these defects. The case must be remitted for a full rehearing before a differently constituted Tribunal.

Citation
[2006] EWCA Civ 1681
Parties
Claimant/appellant: Saeed Vaseghi; Defendant/respondent: Brunel University
Jurisdiction
England and Wales
Judgment Date
21 November 2006
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Victimisation, Trade Union Rights, Procedural Fairness, Adequacy of Reasons
Employment Law Discrimination Law Racial Discrimination Victimisation Trade Union Rights Procedural Fairness Adequacy of Reasons

Case Brief

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Parties

Saeed Vaseghi

Claimant/appellant

Brunel University

Defendant/respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal misapplied the law on subconscious discrimination under the Race Relations Act 1976
  2. 2 Whether the Employment Tribunal gave adequate reasons for rejecting the claim under Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992
  3. 3 Whether the matter should be remitted for rehearing before a differently constituted Tribunal

Ratio Decidendi

The Employment Tribunal misstated the law on subconscious discrimination and failed to provide adequate reasons for its findings on both the discrimination and trade union detriment claims. The explanations given on review were insufficient to cure these defects. The case must be remitted for a full rehearing before a differently constituted Tribunal.

Court Disposition

Appeal dismissed

Orders

  • Matter remitted for full rehearing before a differently constituted Employment Tribunal