Vaseghi v Brunel University

The Employment Tribunal misstated the law on victimisation by referencing only conscious motivation, failed to provide adequate reasoning on subconscious discrimination and the Section 146 claim, and its subsequent explanations were insufficient. The second Employment Appeal Tribunal was correct to remit the matter for rehearing before a differently constituted Tribunal.

Parties: Claimant/appellant: Saeed Vaseghi; Defendant/respondent: Brunel University
Jurisdiction: England and Wales
Judgment Date: 21 November 2006
Procedural Posture: Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
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

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

1 Whether the Employment Tribunal applied the correct legal test for victimisation under the Race Relations Act 1976
2 Whether the Tribunal adequately considered subconscious discrimination
3 Whether the Tribunal provided sufficient reasons for rejecting the claim under Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Matter remitted for rehearing before a differently constituted Employment Tribunal
No remission to the original Tribunal due to its changed composition and lack of confidence in reconsideration