Foster v Royal Mail & Anor [2002] NIIT 2832_00 (10 December 2002)

Foster v Royal Mail & Anor [2002] NIIT 2832_00 (10 December 2002)

The tribunal found the applicant's evidence regarding the use of racial language inconsistent and uncorroborated by witnesses. There was no evidence that the threats or conduct were racially motivated. The employer had taken reasonable steps to investigate and prevent discrimination. The applicant failed to prove less favourable treatment on racial grounds.

Citation
[2002] NIIT 2832_00
Parties
Applicant: Jonathan Foster; First Respondent: Royal Mail; Second Respondent: Terry Lockhart
Jurisdiction
Northern Ireland
Judgment Date
10 December 2002
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Application dismissed
Legal Topics
Race Discrimination, Harassment in the Workplace, Employer Liability, Burden of Proof in Discrimination Cases
Employment Law Equality Law Race Discrimination Harassment in the Workplace Employer Liability Burden of Proof in Discrimination Cases

Case Brief

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Parties

Jonathan Foster

Applicant

Royal Mail

First Respondent

Terry Lockhart

Second Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the applicant was subjected to racial discrimination and harassment by the respondents
  2. 2 Whether the employer took all reasonably practicable steps to prevent racial discrimination
  3. 3 Whether the threats made by Mr Lockhart were racially motivated

Ratio Decidendi

The tribunal found the applicant's evidence regarding the use of racial language inconsistent and uncorroborated by witnesses. There was no evidence that the threats or conduct were racially motivated. The employer had taken reasonable steps to investigate and prevent discrimination. The applicant failed to prove less favourable treatment on racial grounds.

Court Disposition

Application dismissed