Serco Ltd v Redfearn [2006] EWCA Civ 659 (25 May 2006)

Serco Ltd v Redfearn [2006] EWCA Civ 659 (25 May 2006)

The dismissal of Mr Redfearn was not 'on racial grounds' within the meaning of the Race Relations Act 1976, as the grounds for dismissal were not racial but related to health and safety concerns arising from his membership of the BNP. No case of indirect discrimination was properly made out, as no relevant provision, criterion or practice was identified that put persons of Mr Redfearn's racial group at a particular disadvantage. The Employment Tribunal did not err in law in dismissing the claim for race discrimination.

Citation
[2006] EWCA Civ 659
Parties
Appellant: Serco Limited; Respondent: Arthur Redfearn
Jurisdiction
England and Wales
Judgment Date
25 May 2006
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed; Employment Tribunal's dismissal of the claim restored.
Legal Topics
Race Discrimination, Direct Discrimination, Indirect Discrimination, Employment Dismissal, Interpretation of Race Relations Act 1976
Employment Law Discrimination Law Race Discrimination Direct Discrimination Indirect Discrimination Employment Dismissal Interpretation of Race Relations Act 1976

Case Brief

Summary, issues, holding and outcome

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Parties

Serco Limited

Appellant

Arthur Redfearn

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the dismissal of Mr Redfearn by Serco constituted direct race discrimination under the Race Relations Act 1976
  2. 2 Whether the dismissal constituted indirect race discrimination under the Race Relations Act 1976
  3. 3 Whether the Employment Tribunal erred in law in its interpretation and application of the Act

Ratio Decidendi

The dismissal of Mr Redfearn was not 'on racial grounds' within the meaning of the Race Relations Act 1976, as the grounds for dismissal were not racial but related to health and safety concerns arising from his membership of the BNP. No case of indirect discrimination was properly made out, as no relevant provision, criterion or practice was identified that put persons of Mr Redfearn's racial group at a particular disadvantage. The Employment Tribunal did not err in law in dismissing the claim for race discrimination.

Court Disposition

Appeal allowed; Employment Tribunal's dismissal of the claim restored.

Orders

  • Order of the Employment Appeal Tribunal set aside.
  • Order of the Employment Tribunal dismissing Mr Redfearn's claim for race discrimination restored.