Sidhu v Aerospace Composite Technology Ltd [2000] EWCA Civ 183 (26 May 2000)

Sidhu v Aerospace Composite Technology Ltd [2000] EWCA Civ 183 (26 May 2000)

ACT's disciplinary policy, though misguided and unfair in disregarding provocation, was not race-specific and was applied consistently regardless of the racial element. The majority of the Tribunal was entitled to find that there was insufficient evidence of less favourable treatment on racial grounds, and the events at Thorpe Park were not in the course of employment for vicarious liability purposes.

Citation
[2000] EWCA Civ 183
Parties
Appellant: Aerospace Composite Technology Ltd.; Respondent: Harbhanjan Singh Sidhu
Jurisdiction
England and Wales
Judgment Date
26 May 2000
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Race Discrimination, Unfair Dismissal, Vicarious Liability, Employment Disciplinary Procedures
Employment Law Discrimination Law Race Discrimination Unfair Dismissal Vicarious Liability Employment Disciplinary Procedures

Case Brief

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Parties

Aerospace Composite Technology Ltd.

Appellant

Harbhanjan Singh Sidhu

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether ACT was vicariously liable for acts of racial discrimination under s.32 of the Race Relations Act 1976
  2. 2 Whether ACT directly discriminated against Mr. Sidhu on racial grounds under s.1(1)(a) of the Race Relations Act 1976

Ratio Decidendi

ACT's disciplinary policy, though misguided and unfair in disregarding provocation, was not race-specific and was applied consistently regardless of the racial element. The majority of the Tribunal was entitled to find that there was insufficient evidence of less favourable treatment on racial grounds, and the events at Thorpe Park were not in the course of employment for vicarious liability purposes.

Court Disposition

Appeal allowed

Orders

  • The decision of the Employment Appeal Tribunal is set aside.
  • The majority decision of the Employment Tribunal is restored.