Rank Nemo (DMS) Ltd & Ors v Coutinho

Rank Nemo (DMS) Ltd & Ors v Coutinho

The employment tribunal has jurisdiction to hear a claim for victimisation by a former employee where the alleged less favourable treatment (non-payment of an award) is linked to the protected act of bringing discrimination proceedings, and is not merely an attempt to enforce a judgment.

Parties
Appellant: Rank Nemo (DMS) Limited & Ors; Respondent: Mr Lance Coutinho
Jurisdiction
England and Wales
Judgment Date
20 May 2009
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal
Outcome
appeal dismissed
Legal Topics
Victimisation, Post Termination Discrimination, Enforcement of Tribunal Awards
Employment Law Discrimination Law Victimisation Post Termination Discrimination Enforcement of Tribunal Awards

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Parties

Rank Nemo (DMS) Limited & Ors

Appellant

Mr Lance Coutinho

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Does an employment tribunal have jurisdiction to hear a claim for victimisation by a former employee based on non-payment of a tribunal award?
  2. 2 Is the failure to pay a tribunal award to a former employee capable of constituting victimisation under the Race Relations Act 1976?

Ratio Decidendi

The employment tribunal has jurisdiction to hear a claim for victimisation by a former employee where the alleged less favourable treatment (non-payment of an award) is linked to the protected act of bringing discrimination proceedings, and is not merely an attempt to enforce a judgment.

Court Disposition

appeal dismissed

Orders

  • Employment tribunal to accept the claim form and proceed to investigate the facts and adjudicate the claim.