Leeds City Council v. Woodhouse & Ors [2009] UKEAT 0521_08_2104 (21 April 2009)

Leeds City Council v. Woodhouse & Ors [2009] UKEAT 0521_08_2104 (21 April 2009)

The claimant was a contract worker within section 7 of the Race Relations Act 1976, supplied by WNWHLL to Leeds City Council as principal, and Leeds could be liable for discrimination by its employee. The factual findings supported this status, and the claim had a reasonable prospect of success. The application to strike out was correctly dismissed.

Citation
[2009] UKEAT 0521_08_2104
Parties
Appellant/claimant: Mr Woodhouse; First Respondent: Leeds City Council; Second Respondent: West North West Homes Leeds Ltd (WNWHLL); Third Respondent: Mr Chapman
Jurisdiction
United Kingdom
Judgment Date
21 April 2009
Procedural Posture
Employment Appeal / Appeal Against Refusal to Strike Out Race Discrimination Claim at Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Contract Workers, Vicarious Liability, Strike Out Applications
Employment Law Equality Law Race Discrimination Contract Workers Vicarious Liability Strike Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Woodhouse

Appellant/claimant

Leeds City Council

First Respondent

West North West Homes Leeds Ltd (WNWHLL)

Second Respondent

Mr Chapman

Third Respondent

Procedural Posture

Employment Appeal / Appeal Against Refusal to Strike Out Race Discrimination Claim at Preliminary Hearing

Legal Issues

  1. 1 Whether the claimant was a contract worker under section 7 of the Race Relations Act 1976
  2. 2 Whether Leeds City Council could be liable for alleged race discrimination by its employee against a contract worker supplied by an ALMO
  3. 3 Whether the claim should be struck out for having no reasonable prospect of success

Ratio Decidendi

The claimant was a contract worker within section 7 of the Race Relations Act 1976, supplied by WNWHLL to Leeds City Council as principal, and Leeds could be liable for discrimination by its employee. The factual findings supported this status, and the claim had a reasonable prospect of success. The application to strike out was correctly dismissed.

Court Disposition

Appeal dismissed

Orders

  • The claim against Leeds City Council and Mr Chapman is not struck out and may proceed to a full hearing.