M Kokomane v Boots Management Services Ltd

M Kokomane v Boots Management Services Ltd

The Employment Tribunal erred by applying too narrow a definition of protected acts and failing to analyse the context in which the claimant's complaints were made, particularly given her status as the only black employee and the nature of the grievance; the appeal is upheld and the case remitted for reconsideration.

Parties
Appellant: Ms M Kokomane; Respondent: Boots Management Services Ltd
Jurisdiction
England and Wales
Judgment Date
17 April 2025
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal upheld
Legal Topics
Race Discrimination, Victimisation, Protected Acts, Grievance Procedures
Employment Law Equality Law Race Discrimination Victimisation Protected Acts Grievance Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Ms M Kokomane

Appellant

Boots Management Services Ltd

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by applying too narrow a definition of protected acts under the Equality Act 2010
  2. 2 Whether the Tribunal failed to consider the context in which the claimant's complaints were made
  3. 3 Whether the claimant's grievances amounted to allegations of race discrimination

Ratio Decidendi

The Employment Tribunal erred by applying too narrow a definition of protected acts and failing to analyse the context in which the claimant's complaints were made, particularly given her status as the only black employee and the nature of the grievance; the appeal is upheld and the case remitted for reconsideration.

Court Disposition

appeal upheld

Orders

  • case remitted to the same Tribunal for reconsideration unless impracticable, in which case a different panel may be appointed