Okotete v Pizza Express Limited Liam Whiteway Limited Matt Whiteway Szilveszter Kurcz [2012] NIIT 00483_11IT (13 June 2012)

Okotete v Pizza Express Limited Liam Whiteway Limited Matt Whiteway Szilveszter Kurcz [2012] NIIT 00483_11IT (13 June 2012)

The claimant failed to prove facts from which the tribunal could infer discrimination on grounds of race or part-time status. The tribunal accepted the respondents' explanations for employment decisions as objectively justified and non-discriminatory. The only incident with racial connotation was not raised in a grievance and could not be considered. Comparators identified by the claimant were not in materially similar circumstances. The claims failed on both heads.

Citation
[2012] NIIT 00483_11IT
Parties
Claimant: Rita Okotete; Respondent: Pizza Express Limited; Respondent: Liam Whiteway; Respondent: Matt Whiteway; Respondent: Szilveszter Kurcz
Jurisdiction
Northern Ireland
Judgment Date
13 June 2012
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims dismissed
Legal Topics
Race Discrimination, Part Time Worker Discrimination, Employment Contracts, Burden of Proof, Comparators
Employment Law Equality Law Race Discrimination Part Time Worker Discrimination Employment Contracts Burden of Proof Comparators

Case Brief

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Parties

Rita Okotete

Claimant

Pizza Express Limited

Respondent

Liam Whiteway

Respondent

Matt Whiteway

Respondent

Szilveszter Kurcz

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was discriminated against on grounds of race
  2. 2 Whether the claimant was discriminated against as a part-time worker

Ratio Decidendi

The claimant failed to prove facts from which the tribunal could infer discrimination on grounds of race or part-time status. The tribunal accepted the respondents' explanations for employment decisions as objectively justified and non-discriminatory. The only incident with racial connotation was not raised in a grievance and could not be considered. Comparators identified by the claimant were not in materially similar circumstances. The claims failed on both heads.

Court Disposition

Claims dismissed