Rico Quitongo v Airdrieonians Football Club Limited & Anor

Rico Quitongo v Airdrieonians Football Club Limited & Anor

The tribunal erred in law by failing to properly apply section 27 of the Equality Act 2010 to the victimisation claim, as it did not find bad faith and the protected act was the reason for the detriment. The tribunal also failed to make adequate findings of fact regarding the second harassment issue, requiring remittal for determination.

Parties
Appellant: Mr Rico Quitongo; First Respondent: Airdrieonians Football Club Limited; Second Respondent: Mr Paul Hetherington
Jurisdiction
England and Wales
Judgment Date
01 June 2025
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed in part; appeal refused in part.
Legal Topics
Harassment, Victimisation, Protected Characteristics, Equality Act 2010, Race Discrimination
Employment Law Equality Law Harassment Victimisation Protected Characteristics Equality Act 2010 Race Discrimination

Case Brief

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Parties

Mr Rico Quitongo

Appellant

Airdrieonians Football Club Limited

First Respondent

Mr Paul Hetherington

Second Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether refusal to communicate with appellant's agent constituted victimisation under Equality Act 2010
  2. 2 Whether certain conduct amounted to harassment under Equality Act 2010
  3. 3 Whether conduct was related to race as a protected characteristic

Ratio Decidendi

The tribunal erred in law by failing to properly apply section 27 of the Equality Act 2010 to the victimisation claim, as it did not find bad faith and the protected act was the reason for the detriment. The tribunal also failed to make adequate findings of fact regarding the second harassment issue, requiring remittal for determination.

Court Disposition

Appeal allowed in part; appeal refused in part.

Orders

  • Tribunal's judgment of 23 November 2022 set aside in respect of victimisation and second harassment claim.
  • Finding substituted that appellant was victimised by first respondent contrary to section 27 of the Equality Act 2010.