Gomes v Industrial Temps Ltd Nadeya Snegiriova (Discrimination - Race) [2020] NIit 10159_19it (06 August 2020)

Gomes v Industrial Temps Ltd Nadeya Snegiriova (Discrimination - Race) [2020] NIit 10159_19it (06 August 2020)

The claimant failed to establish a prima facie case of race discrimination as there was no evidence she was treated less favourably than others on racial grounds. The comparators had registered earlier, and the claimant was offered the opportunity to test for Greiner Packaging but declined. The burden of proof did not shift to the respondents. The claim was also lodged out of time, but the Tribunal exercised discretion to consider it. The claim was dismissed.

Citation
[2006] IRLR 748
Parties
Claimant: [Redacted] (Claimant); Respondent: Industrial Temps Ltd (First Respondent); Respondent: Ms Nadezda Snegiriova (Second Respondent)
Jurisdiction
Northern Ireland
Judgment Date
06 August 2020
Procedural Posture
Employment Tribunal Discrimination / Final Judgment After Full Hearing
Outcome
Claim dismissed
Legal Topics
Race Discrimination, Direct Discrimination, Burden of Proof, Time Limits, Employment Recruitment Practices
Employment Law Equality Law Race Discrimination Direct Discrimination Burden of Proof Time Limits Employment Recruitment Practices

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

[Redacted] (Claimant)

Claimant

Industrial Temps Ltd (First Respondent)

Respondent

Ms Nadezda Snegiriova (Second Respondent)

Respondent

Procedural Posture

Employment Tribunal Discrimination / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the claimant was unlawfully discriminated against on grounds of race in not being provided employment at Greiner Packaging
  2. 2 Whether the claim was lodged within the statutory time limit or whether time should be extended

Ratio Decidendi

The claimant failed to establish a prima facie case of race discrimination as there was no evidence she was treated less favourably than others on racial grounds. The comparators had registered earlier, and the claimant was offered the opportunity to test for Greiner Packaging but declined. The burden of proof did not shift to the respondents. The claim was also lodged out of time, but the Tribunal exercised discretion to consider it. The claim was dismissed.

Court Disposition

Claim dismissed