Onuegbu v Campbell
The Employment Tribunal erred in law by failing to apply the correct test for less favourable treatment and by not adequately explaining why the treatment was on racial grounds in the presence of alternative explanations. The EAT was correct to overturn the Tribunal's decision.
Source-derived case information.
- Parties
- Appellant: Mr Vincent Onuegbu; Respondent: Miss Beverley Campbell
- Jurisdiction
- England and Wales
- Judgment Date
- 11 June 2003
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal From Employment Appeal Tribunal
- Outcome
- application dismissed
- Legal Topics
- Direct Discrimination, Race Discrimination, Employment Tribunal Procedure, Comparators in Discrimination Claims
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr Vincent Onuegbu
Appellant
Miss Beverley Campbell
Respondent
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Employment Appeal Tribunal
Legal Issues
- 1 Whether the Employment Tribunal erred in law in finding direct race discrimination against the applicant by the respondent
- 2 Whether the Employment Appeal Tribunal was correct in overturning the Employment Tribunal's decision on grounds of legal error
Ratio Decidendi
The Employment Tribunal erred in law by failing to apply the correct test for less favourable treatment and by not adequately explaining why the treatment was on racial grounds in the presence of alternative explanations. The EAT was correct to overturn the Tribunal's decision.
Court Disposition
application dismissed
Orders
- Permission to appeal refused.
Full Case Text
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