Onu v Akwiwu & Anor

Onu v Akwiwu & Anor

Mistreatment of migrant domestic workers due to their immigration status and consequent vulnerability does not constitute direct or indirect discrimination on grounds of nationality or race under the Race Relations Act 1976 or Equality Act 2010, as there is no exact correspondence between immigration status and nationality. However, post-employment victimisation is actionable under the Equality Act 2010 if the respondent knew or believed that a discrimination claim was part of the proceedings.

Parties
Appellant: Onu; Respondents: Akwiwu & Anr; Appellant: Taiwo; Respondents: Olaigbe & Anr
Jurisdiction
England and Wales
Judgment Date
13 March 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeals on discrimination and harassment dismissed; appeal on victimisation allowed and remitted for remedy.
Legal Topics
Direct Discrimination, Indirect Discrimination, Victimisation, Employment Rights, Migrant Workers, Nationality Discrimination
Employment Law Equality and Discrimination Law Direct Discrimination Indirect Discrimination Victimisation Employment Rights Migrant Workers Nationality Discrimination

Case Brief

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Parties

Onu

Appellant

Akwiwu & Anr

Respondents

Taiwo

Appellant

Olaigbe & Anr

Respondents

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether mistreatment of vulnerable migrant domestic workers constitutes direct or indirect racial 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 indissociably linked to their nationality for the purposes of discrimination law

Ratio Decidendi

Mistreatment of migrant domestic workers due to their immigration status and consequent vulnerability does not constitute direct or indirect discrimination on grounds of nationality or race under the Race Relations Act 1976 or Equality Act 2010, as there is no exact correspondence between immigration status and nationality. However, post-employment victimisation is actionable under the Equality Act 2010 if the respondent knew or believed that a discrimination claim was part of the proceedings.

Court Disposition

Appeals on discrimination and harassment dismissed; appeal on victimisation allowed and remitted for remedy.

Orders

  • Dismissal of appeals by Mrs Taiwo and Ms Onu on race discrimination and harassment claims.
  • Upholding of Ms Onu's appeal on victimisation; remitted to Employment Tribunal for remedy.