Base Childrenswear Ltd v Otshudi

Base Childrenswear Ltd v Otshudi

The Employment Tribunal was entitled to infer that the claimant's race was a factor in her dismissal based on the employer's conduct, including the persistence in giving a false reason and strong reaction to discrimination allegations, and correctly applied the burden of proof provisions under section 136 of the...

Source-derived case information.

Parties
Appellant: Base Childrenswear Limited; Respondent: Nadia Otshudi
Jurisdiction
England and Wales
Judgment Date
09 October 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Racial Harassment, Burden of Proof, Discriminatory Dismissal
Employment Law Equality Law Racial Harassment Burden of Proof Discriminatory Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Base Childrenswear Limited

Appellant

Nadia Otshudi

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the dismissal of the claimant constituted racial harassment under section 40 and 26 of the Equality Act 2010
  2. 2 Whether the Employment Tribunal correctly applied the burden of proof under section 136 of the Equality Act 2010

Ratio Decidendi

The Employment Tribunal was entitled to infer that the claimant's race was a factor in her dismissal based on the employer's conduct, including the persistence in giving a false reason and strong reaction to discrimination allegations, and correctly applied the burden of proof provisions under section 136 of the Equality Act 2010.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.