Aziz v Crown Presecution Service [2006] EWCA Civ 1136 (31 July 2006)

Aziz v Crown Presecution Service [2006] EWCA Civ 1136 (31 July 2006)

The Court of Appeal held that the disciplinary code required preliminary enquiries to establish reasonable grounds for suspicion before initiating disciplinary action and suspension. The Employment Tribunal was justified in finding that the CPS breached its code and subjected Ms Aziz to a detriment without adequate...

Source-derived case information.

Citation
[2006] EWCA Civ 1136
Parties
Appellant: Ms H Aziz; Respondent: The Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
31 July 2006
Procedural Posture
Employment Discrimination Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed; Employment Tribunal's decision reinstated
Legal Topics
Racial Discrimination, Employment Disciplinary Procedures, Suspension From Employment, Interpretation of Disciplinary Codes
Employment Law Discrimination Law Racial Discrimination Employment Disciplinary Procedures Suspension From Employment Interpretation of Disciplinary Codes

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Summary, issues, holding and outcome

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Parties

Ms H Aziz

Appellant

The Crown Prosecution Service

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Crown Prosecution Service breached its disciplinary code in suspending Ms Aziz without adequate preliminary investigation
  2. 2 Whether the suspension and disciplinary action against Ms Aziz constituted unlawful racial discrimination under the Race Relations Act 1976

Ratio Decidendi

The Court of Appeal held that the disciplinary code required preliminary enquiries to establish reasonable grounds for suspicion before initiating disciplinary action and suspension. The Employment Tribunal was justified in finding that the CPS breached its code and subjected Ms Aziz to a detriment without adequate investigation, and that this treatment was discriminatory on racial grounds.

Court Disposition

Appeal allowed; Employment Tribunal's decision reinstated

Orders

  • Employment Tribunal's finding of racial discrimination restored
  • Case not remitted for rehearing; CPS found to have discriminated against Ms Aziz