Ayodele v Citylink Ltd & Anor

Ayodele v Citylink Ltd & Anor

The Employment Tribunal did not err in its approach to the burden of proof; it was entitled to consider all the evidence at the first stage to determine whether there was less favourable treatment and a prima facie case of discrimination. Section 136 of the Equality Act 2010 does not alter the established two-stage burden of proof analysis. The appeal is dismissed.

Parties
Appellant: Ajayi Ayodele; Respondent: Citylink Limited; Respondent: Paul Napier
Jurisdiction
England and Wales
Judgment Date
24 November 2017
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Burden of Proof, Racial Discrimination, Constructive Dismissal, Harassment, Victimisation, Unfair Dismissal
Employment Law Equality Law Burden of Proof Racial Discrimination Constructive Dismissal Harassment Victimisation Unfair Dismissal

Case Brief

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Parties

Ajayi Ayodele

Appellant

Citylink Limited

Respondent

Paul Napier

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to the burden of proof in discrimination claims under section 136 of the Equality Act 2010 and section 54A of the Race Relations Act 1976.
  2. 2 Whether the Employment Tribunal impermissibly considered the respondent's evidence at the first stage of the burden of proof analysis.
  3. 3 Whether section 136 of the Equality Act 2010 removes the initial burden from the claimant.

Ratio Decidendi

The Employment Tribunal did not err in its approach to the burden of proof; it was entitled to consider all the evidence at the first stage to determine whether there was less favourable treatment and a prima facie case of discrimination. Section 136 of the Equality Act 2010 does not alter the established two-stage burden of proof analysis. The appeal is dismissed.

Court Disposition

appeal dismissed