Patrick Arthur-Badoo v Guy’s & St Thomas’ NHS Foundation Trust
The Employment Tribunal failed to properly analyse whether the respondent had reasonable evidence to justify deductions and suspension, did not adequately address the indirect discrimination claim or the direct marriage discrimination claim, and its judgment was incomplete and unsafe; thus, the appeal is allowed and...
Source-derived case information.
- Parties
- Appellant: Patrick Arthur-Badoo; Respondent: Guy’s & St Thomas’ NHS Foundation Trust
- Jurisdiction
- England and Wales
- Judgment Date
- 23 October 2024
- Procedural Posture
- Employment Appeal / Judgment on Appeal, Remittal Ordered
- Outcome
- Appeal allowed, Employment Tribunal judgment set aside, matter remitted for redetermination by a differently constituted tribunal.
- Legal Topics
- Unauthorised Deduction From Wages, Race Discrimination, Marriage and Civil Partnership Discrimination, Right to Work, Immigration Checks
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Arthur-Badoo
Appellant
Guy’s & St Thomas’ NHS Foundation Trust
Respondent
Procedural Posture
Employment Appeal / Judgment on Appeal, Remittal Ordered
Legal Issues
- 1 Whether the Employment Tribunal erred in its determination of unauthorised deduction from wages
- 2 Whether the Employment Tribunal properly addressed indirect race discrimination
- 3 Whether the Employment Tribunal properly addressed direct marriage discrimination
Ratio Decidendi
The Employment Tribunal failed to properly analyse whether the respondent had reasonable evidence to justify deductions and suspension, did not adequately address the indirect discrimination claim or the direct marriage discrimination claim, and its judgment was incomplete and unsafe; thus, the appeal is allowed and the matter remitted for redetermination by a differently constituted tribunal.
Court Disposition
Appeal allowed, Employment Tribunal judgment set aside, matter remitted for redetermination by a differently constituted tribunal.
Orders
- Remission of all claims to a differently constituted Employment Tribunal for redetermination.
Full Case Text
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