Lesslar v Sycadex Ltd & Ors [2009] NIIT 926_08IT (10 July 2009)

Lesslar v Sycadex Ltd & Ors [2009] NIIT 926_08IT (10 July 2009)

The tribunal found that the claimant was subjected to a sustained campaign of less favourable treatment and harassment on grounds of race by the second respondent, for which the first respondent was vicariously liable, and that the redundancy process was unfair and tainted by discrimination. The respondents failed to provide a credible non-discriminatory explanation. The claim for victimisation was not made out as the less favourable treatment stemmed from general discrimination rather than the protected act.

Citation
[2009] NIIT 926_08IT
Parties
Claimant: Terence Lesslar; First Respondent: Sycadex Ltd; Second Respondent: Allen Erskine; Third Respondent: Tim Whiteside
Jurisdiction
Northern Ireland
Judgment Date
10 July 2009
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims for race discrimination, harassment on grounds of race, and unfair dismissal against the first and second respondents are upheld; claim for victimisation is dismissed; claims against the third respondent are dismissed.
Legal Topics
Race Discrimination, Harassment, Unfair Dismissal, Victimisation, Redundancy, Burden of Proof, Employer Liability
Employment Law Equality Law Race Discrimination Harassment Unfair Dismissal Victimisation Redundancy Burden of Proof +1 more

Case Brief

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Parties

Terence Lesslar

Claimant

Sycadex Ltd

First Respondent

Allen Erskine

Second Respondent

Tim Whiteside

Third Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was subjected to less favourable treatment and harassment on grounds of race by Allen Erskine
  2. 2 Whether the actions of the second respondent constituted a continuing act of less favourable treatment and harassment
  3. 3 Whether the first respondent took reasonably practicable steps to prevent less favourable treatment and harassment

Ratio Decidendi

The tribunal found that the claimant was subjected to a sustained campaign of less favourable treatment and harassment on grounds of race by the second respondent, for which the first respondent was vicariously liable, and that the redundancy process was unfair and tainted by discrimination. The respondents failed to provide a credible non-discriminatory explanation. The claim for victimisation was not made out as the less favourable treatment stemmed from general discrimination rather than the protected act.

Court Disposition

Claims for race discrimination, harassment on grounds of race, and unfair dismissal against the first and second respondents are upheld; claim for victimisation is dismissed; claims against the third respondent are dismissed.

Orders

  • Award of £36,319.13 to the claimant against the first and second respondents.