Centrewest London Buses Ltd v. Ukachukwu [2007] UKEAT 0318_07_2012 (20 December 2007)

Centrewest London Buses Ltd v. Ukachukwu [2007] UKEAT 0318_07_2012 (20 December 2007)

The Employment Tribunal erred in law by failing to identify and apply the correct comparators in the race discrimination and victimisation claims, and by misapplying the CRE Code of Practice and the burden of proof. The findings of direct discrimination and victimisation are set aside. However, the Tribunal's finding of unfair dismissal stands as it was a permissible conclusion based on the lack of up-to-date medical evidence.

Citation
[2007] UKEAT 0318_07_2012
Parties
Appellant/respondent: Centrewest London Buses Ltd; Respondent/claimant: Henry Ukachukwu
Jurisdiction
United Kingdom
Judgment Date
20 December 2007
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed in part; findings of race discrimination and victimisation set aside; finding of unfair dismissal upheld.
Legal Topics
Unfair Dismissal, Direct Race Discrimination, Victimisation, Burden of Proof, Comparators, Remedies
Employment Law Discrimination Law Unfair Dismissal Direct Race Discrimination Victimisation Burden of Proof Comparators Remedies

Case Brief

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Parties

Centrewest London Buses Ltd

Appellant/respondent

Henry Ukachukwu

Respondent/claimant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding direct race discrimination and victimisation against the Claimant
  2. 2 Whether the dismissal of the Claimant was unfair under Section 98(4) ERA

Ratio Decidendi

The Employment Tribunal erred in law by failing to identify and apply the correct comparators in the race discrimination and victimisation claims, and by misapplying the CRE Code of Practice and the burden of proof. The findings of direct discrimination and victimisation are set aside. However, the Tribunal's finding of unfair dismissal stands as it was a permissible conclusion based on the lack of up-to-date medical evidence.

Court Disposition

Appeal allowed in part; findings of race discrimination and victimisation set aside; finding of unfair dismissal upheld.

Orders

  • Set aside Employment Tribunal's findings and award of £7,000 for race discrimination and victimisation.
  • Dismiss claim of race discrimination and victimisation.