Jiad v Byford & Ors

Jiad v Byford & Ors

The claim for victimisation against Janet Youngson was not bound to fail for want of a comparator or sufficient detriment; the Employment Tribunal applied too stringent a test in striking out the claim. The claims against the other respondents were bound to fail and were rightly struck out.

Parties
Appellant: Dr A H Jiad; Respondent: Mark Byford; Respondent: Lesley Grainger; Respondent: Janet Youngson; Respondent: Greg Dyke
Jurisdiction
England and Wales
Judgment Date
30 January 2003
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal
Outcome
Appeal allowed in part
Legal Topics
Victimisation, Racial Discrimination, Detriment, Striking Out Applications
Employment Law Discrimination Law Victimisation Racial Discrimination Detriment Striking Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Dr A H Jiad

Appellant

Mark Byford

Respondent

Lesley Grainger

Respondent

Janet Youngson

Respondent

Greg Dyke

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal was correct to strike out Dr Jiad's claim for racial discrimination and victimisation under the Race Relations Act 1976 as bound to fail
  2. 2 Whether the claim disclosed an arguable case of detriment and less favourable treatment
  3. 3 Whether the absence of a comparator was fatal to the claim

Ratio Decidendi

The claim for victimisation against Janet Youngson was not bound to fail for want of a comparator or sufficient detriment; the Employment Tribunal applied too stringent a test in striking out the claim. The claims against the other respondents were bound to fail and were rightly struck out.

Court Disposition

Appeal allowed in part

Orders

  • Claim for victimisation against Janet Youngson reinstated and remitted to a differently constituted Employment Tribunal
  • Costs order in favour of Janet Youngson set aside