Madden v Preferred Technical Group CHA Ltd & Anor

Madden v Preferred Technical Group CHA Ltd & Anor

The Tribunal was entitled to find that the less favourable treatment experienced by the Appellant was due to a poor working relationship with Mr. Guest and not on grounds of race or victimisation. The Tribunal gave adequate reasons for not drawing inferences of discrimination, and its approach to hypothetical comparators and the drawing of inferences was legally correct. There was no error of law in the Tribunal's dismissal of the claims under the Race Relations Act 1976.

Parties
Appellant: George G Madden; 1st Respondent: Preferred Technical Group Cha Limited; 2nd Respondent: Michael Guest
Jurisdiction
England and Wales
Judgment Date
27 August 2004
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Race Discrimination, Victimisation, Employment Tribunal Procedure
Employment Law Discrimination Law Unfair Dismissal Wrongful Dismissal Race Discrimination Victimisation Employment Tribunal Procedure

Case Brief

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Parties

George G Madden

Appellant

Preferred Technical Group Cha Limited

1st Respondent

Michael Guest

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in dismissing claims of direct race discrimination and victimisation under the Race Relations Act 1976
  2. 2 Whether the Tribunal gave adequate reasons for not drawing inferences of discrimination from findings of less favourable treatment
  3. 3 Whether the Tribunal misapplied the law regarding hypothetical comparators and the drawing of inferences in discrimination cases

Ratio Decidendi

The Tribunal was entitled to find that the less favourable treatment experienced by the Appellant was due to a poor working relationship with Mr. Guest and not on grounds of race or victimisation. The Tribunal gave adequate reasons for not drawing inferences of discrimination, and its approach to hypothetical comparators and the drawing of inferences was legally correct. There was no error of law in the Tribunal's dismissal of the claims under the Race Relations Act 1976.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondents' costs of the appeal as per the respondents' filed and served statement of costs dated 22nd July 2004