Mruke v Khan

Mruke v Khan

The Court of Appeal held that the appellant was not subjected to direct racial discrimination because the less favourable treatment was due to her socio-economic circumstances, not her nationality or national origins. However, the Employment Tribunal erred in law in its approach to constructive dismissal by...

Source-derived case information.

Parties
Appellant: Mwanahamisi Mruke; Respondent: Saeeda Kamal Khan
Jurisdiction
England and Wales
Judgment Date
23 February 2018
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed as to direct racial discrimination; appeal allowed as to unfair dismissal.
Legal Topics
Direct Racial Discrimination, Unfair Dismissal, National Minimum Wage, Constructive Dismissal, Burden of Proof
Employment Law Discrimination Law Direct Racial Discrimination Unfair Dismissal National Minimum Wage Constructive Dismissal Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mwanahamisi Mruke

Appellant

Saeeda Kamal Khan

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant was subjected to direct racial discrimination under the Race Relations Act 1976
  2. 2 Whether the Employment Tribunal erred in its approach to the burden of proof under section 54A of the Race Relations Act 1976
  3. 3 Whether the Employment Tribunal erred in law in its approach to constructive dismissal under the Employment Rights Act 1996

Ratio Decidendi

The Court of Appeal held that the appellant was not subjected to direct racial discrimination because the less favourable treatment was due to her socio-economic circumstances, not her nationality or national origins. However, the Employment Tribunal erred in law in its approach to constructive dismissal by requiring the appellant to know her legal entitlement to the national minimum wage. The circumstances were such that the only reasonable inference was that the appellant resigned in response to a fundamental breach of contract, namely the egregious underpayment. The conclusion that there was no constructive dismissal was perverse and should be reversed.

Court Disposition

Appeal dismissed as to direct racial discrimination; appeal allowed as to unfair dismissal.

Orders

  • The claim for direct racial discrimination is dismissed.
  • The claim for unfair dismissal is allowed; the Court of Appeal substitutes its own judgment and finds the appellant was unfairly dismissed.