Onu v Akwiwu & Anor [2014] EWCA Civ 279 (13 March 2014)

Onu v Akwiwu & Anor [2014] EWCA Civ 279 (13 March 2014)

Mistreatment of the claimants due to their status as vulnerable migrant domestic workers, dependent on their employers for continued employment and residence, does not constitute direct or indirect discrimination on grounds of nationality or race under the Race Relations Act 1976 or the Equality Act 2010, as there is no exact correspondence between immigration status and nationality. The claimants' appeals on discrimination and harassment are dismissed. The post-employment victimisation claim is not addressed as the relevant legal point has been settled in Rowstock v Jessemey.

Citation
[2014] EWCA Civ 279
Parties
Appellant: Onu; Respondents: Akwiwu & Anr; Appellant: Taiwo; Respondents: Olaigbe
Jurisdiction
England and Wales
Judgment Date
13 March 2014
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeals dismissed as regards discrimination and harassment claims.
Legal Topics
Direct Discrimination, Indirect Discrimination, Victimisation, Nationality, Immigration Status, Race Relations, Employment Rights
Employment Law Equality and Discrimination Law Direct Discrimination Indirect Discrimination Victimisation Nationality Immigration Status Race Relations +1 more

Case Brief

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Parties

Onu

Appellant

Akwiwu & Anr

Respondents

Taiwo

Appellant

Olaigbe

Respondents

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether mistreatment of migrant domestic workers due to their immigration status constitutes direct or indirect race discrimination under the Race Relations Act 1976 and Equality Act 2010
  2. 2 Whether post-employment victimisation is proscribed by the Equality Act 2010
  3. 3 Whether the claimants' immigration status is equivalent to nationality for the purposes of discrimination law

Ratio Decidendi

Mistreatment of the claimants due to their status as vulnerable migrant domestic workers, dependent on their employers for continued employment and residence, does not constitute direct or indirect discrimination on grounds of nationality or race under the Race Relations Act 1976 or the Equality Act 2010, as there is no exact correspondence between immigration status and nationality. The claimants' appeals on discrimination and harassment are dismissed. The post-employment victimisation claim is not addressed as the relevant legal point has been settled in Rowstock v Jessemey.

Court Disposition

Appeals dismissed as regards discrimination and harassment claims.

Orders

  • Appeals of Mrs Taiwo and Ms Onu against the EAT decisions on race discrimination and harassment dismissed.
  • No order on the post-employment victimisation claim as the legal point is settled.