Bijlani v Stewart & Ors [2013] EWCA Civ 1887 (06 November 2013)

Bijlani v Stewart & Ors [2013] EWCA Civ 1887 (06 November 2013)

The Employment Tribunal made detailed factual findings that the disciplinary decisions regarding the clerks were not motivated by race but by other legitimate considerations, such as the value of the clerks to chambers and the wishes of the direct victim. The Employment Appeal Tribunal and the Court of Appeal found no error of law in this approach, holding that the disciplinary measures, though related to racist misconduct, were not themselves acts of racial discrimination against the appellant. The application for permission to appeal was refused as there was no realistic prospect of success on the legal issues raised.

Citation
[2013] EWCA Civ 1887
Parties
Appellant: Dr Bijlani; Respondent: Stewart QC & Ors
Jurisdiction
England and Wales
Judgment Date
06 November 2013
Procedural Posture
Employment Discrimination Appeal / Oral Application for Permission to Appeal to Court of Appeal From Employment Appeal Tribunal
Outcome
Application for permission to appeal refused
Legal Topics
Race Discrimination, Victimisation, Harassment, Equal Opportunities, Employment Tribunal Procedure
Employment Law Discrimination Law Race Discrimination Victimisation Harassment Equal Opportunities Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Dr Bijlani

Appellant

Stewart QC & Ors

Respondent

Procedural Posture

Employment Discrimination Appeal / Oral Application for Permission to Appeal to Court of Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding no racial discrimination in the disciplinary handling of racist incidents by clerks
  2. 2 Whether the disciplinary measures taken against clerks for racist misconduct constituted discrimination against the appellant
  3. 3 Whether the Employment Tribunal failed to properly consider the impact of the incidents and disciplinary decisions on the appellant and other BME members

Ratio Decidendi

The Employment Tribunal made detailed factual findings that the disciplinary decisions regarding the clerks were not motivated by race but by other legitimate considerations, such as the value of the clerks to chambers and the wishes of the direct victim. The Employment Appeal Tribunal and the Court of Appeal found no error of law in this approach, holding that the disciplinary measures, though related to racist misconduct, were not themselves acts of racial discrimination against the appellant. The application for permission to appeal was refused as there was no realistic prospect of success on the legal issues raised.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal to the Court of Appeal is refused.