Aziz v Crown Presecution Service

Aziz v Crown Presecution Service

The Court of Appeal held that the Employment Tribunal correctly interpreted the CPS disciplinary code, which required reasonable preliminary enquiries before initiating disciplinary action and suspension. The CPS failed to make such enquiries, breached its own code, and denied Ms Aziz her right to representation. The Tribunal was entitled to infer that the less favourable treatment was on racial grounds, especially given the context and the CPS's lack of credible explanation. The Employment Appeal Tribunal erred in overturning the Tribunal's decision.

Parties
Appellant: Ms H Aziz; Respondent: The Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
31 July 2006
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed; finding of racial discrimination reinstated; case remitted for assessment of compensation.
Legal Topics
Racial Discrimination, Employment Tribunal Procedure, Disciplinary Procedures, Suspension of Employees
Employment Law Discrimination Law Racial Discrimination Employment Tribunal Procedure Disciplinary Procedures Suspension of Employees

Case Brief

Summary, issues, holding and outcome

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Parties

Ms H Aziz

Appellant

The Crown Prosecution Service

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Crown Prosecution Service discriminated against Ms Aziz on racial grounds in suspending her without adequate preliminary investigation and in breach of its disciplinary code.
  2. 2 Whether the Employment Tribunal misconstrued the CPS disciplinary code in finding for Ms Aziz.
  3. 3 Whether the Employment Appeal Tribunal erred in overturning the Employment Tribunal's decision.

Ratio Decidendi

The Court of Appeal held that the Employment Tribunal correctly interpreted the CPS disciplinary code, which required reasonable preliminary enquiries before initiating disciplinary action and suspension. The CPS failed to make such enquiries, breached its own code, and denied Ms Aziz her right to representation. The Tribunal was entitled to infer that the less favourable treatment was on racial grounds, especially given the context and the CPS's lack of credible explanation. The Employment Appeal Tribunal erred in overturning the Tribunal's decision.

Court Disposition

Appeal allowed; finding of racial discrimination reinstated; case remitted for assessment of compensation.

Orders

  • The appeal is allowed.
  • The finding of racial discrimination in favour of Ms Aziz is reinstated.