Chapman & Anor v Simon [1993] EWCA Civ 37 (26 November 1993)

Chapman & Anor v Simon [1993] EWCA Civ 37 (26 November 1993)

The Court of Appeal held that the Industrial Tribunal erred in law by finding racial discrimination without primary facts to support an inference of subconscious or unconscious racial prejudice, and by considering acts not complained of in the originating application. The appeal was allowed and Ms Simon's complaint dismissed.

Citation
[1993] EWCA Civ 37
Parties
Applicant: Ms Irene E Simon; Respondent: Ms Chapman; Respondent: London Borough of Tower Hamlets (successor to ILEA)
Jurisdiction
England and Wales
Judgment Date
26 November 1993
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed, cross-appeal dismissed, complaint of racial discrimination dismissed.
Legal Topics
Racial Discrimination, Race Relations Act 1976, Industrial Tribunal Procedure
Employment Law Equality Law Racial Discrimination Race Relations Act 1976 Industrial Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Irene E Simon

Applicant

Ms Chapman

Respondent

London Borough of Tower Hamlets (successor to ILEA)

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Ms Simon was subjected to unlawful racial discrimination by Ms Chapman and ILEA under the Race Relations Act 1976
  2. 2 Whether the Industrial Tribunal erred in finding racial discrimination based on prejudgment and failure to provide an open report

Ratio Decidendi

The Court of Appeal held that the Industrial Tribunal erred in law by finding racial discrimination without primary facts to support an inference of subconscious or unconscious racial prejudice, and by considering acts not complained of in the originating application. The appeal was allowed and Ms Simon's complaint dismissed.

Court Disposition

Appeal allowed, cross-appeal dismissed, complaint of racial discrimination dismissed.

Orders

  • Appeal dismissed with costs.