Tower Boot Company Ltd v Jones [1996] EWCA Civ 1185 (11th December, 1996)

Tower Boot Company Ltd v Jones [1996] EWCA Civ 1185 (11th December, 1996)

The phrase 'in the course of employment' in section 32(1) of the Race Relations Act 1976 is not limited by the common law doctrine of vicarious liability but is to be interpreted in its ordinary sense, consistent with the broad, purposive approach of anti-discrimination legislation. Employers are liable for acts of racial harassment by employees unless they can establish the reasonable steps defence under section 32(3).

Citation
[1996] EWCA Civ 1185
Parties
Employee/appellant/respondent: Raymondo Jones; Employer/respondent/appellant: Tower Boot Co Ltd
Jurisdiction
England and Wales
Procedural Posture
Employment Discrimination Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed; decision of Industrial Tribunal restored; employers' appeal dismissed.
Legal Topics
Racial Discrimination, Vicarious Liability, Statutory Interpretation, Harassment at Work
Employment Law Equality and Discrimination Law Racial Discrimination Vicarious Liability Statutory Interpretation Harassment at Work

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Parties

Raymondo Jones

Employee/appellant/respondent

Tower Boot Co Ltd

Employer/respondent/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether acts of racial harassment by employees are attributable to the employer under section 32(1) of the Race Relations Act 1976
  2. 2 Whether 'in the course of employment' in section 32(1) should be interpreted according to common law vicarious liability principles or given a broader statutory meaning

Ratio Decidendi

The phrase 'in the course of employment' in section 32(1) of the Race Relations Act 1976 is not limited by the common law doctrine of vicarious liability but is to be interpreted in its ordinary sense, consistent with the broad, purposive approach of anti-discrimination legislation. Employers are liable for acts of racial harassment by employees unless they can establish the reasonable steps defence under section 32(3).

Court Disposition

Appeal allowed; decision of Industrial Tribunal restored; employers' appeal dismissed.

Orders

  • Decision of the Industrial Tribunal restored.
  • Respondent's (Jones) costs to be paid by the appellant (Tower Boot Co Ltd).