De Souza v Automobile Association [1985] EWCA Civ 13 (19 December 1985)

De Souza v Automobile Association [1985] EWCA Civ 13 (19 December 1985)

A racial insult, even if overheard by the employee and causing distress, does not by itself constitute 'detriment' under section 4(2)(c) of the Race Relations Act 1976 unless it can be shown that the employee was thereby disadvantaged in the circumstances of employment. The Industrial Tribunal made no sufficient finding that the appellant was so disadvantaged, nor that the act was intended to be known to her or to affect her employment context. Therefore, the complaint was bound to fail.

Citation
[1985] EWCA Civ 13
Parties
Appellant: Appellant (name not specified); Respondent: Respondents (name not specified)
Jurisdiction
England and Wales
Judgment Date
19 December 1985
Procedural Posture
Employment Discrimination Appeal / Appeal From Employment Appeal Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Detriment in Employment, Employer Liability, Injury to Feelings, Interpretation of Race Relations Act 1976
Employment Law Equality and Discrimination Law Racial Discrimination Detriment in Employment Employer Liability Injury to Feelings Interpretation of Race Relations Act 1976

Case Brief

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Parties

Appellant (name not specified)

Appellant

Respondents (name not specified)

Respondent

Procedural Posture

Employment Discrimination Appeal / Appeal From Employment Appeal Tribunal Decision

Legal Issues

  1. 1 Whether a racial insult overheard by an employee constitutes 'detriment' under section 4(2)(c) of the Race Relations Act 1976
  2. 2 Whether the employer is liable for acts of employees under section 32 of the Act
  3. 3 Whether the facts established less favourable treatment or detriment within the statutory meaning

Ratio Decidendi

A racial insult, even if overheard by the employee and causing distress, does not by itself constitute 'detriment' under section 4(2)(c) of the Race Relations Act 1976 unless it can be shown that the employee was thereby disadvantaged in the circumstances of employment. The Industrial Tribunal made no sufficient finding that the appellant was so disadvantaged, nor that the act was intended to be known to her or to affect her employment context. Therefore, the complaint was bound to fail.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Application for leave to appeal to the House of Lords refused