Daley v Serco Home Affairs Ltd & Ors [2010] UKEAT 0086_09_0701 (7 January 2010)

Daley v Serco Home Affairs Ltd & Ors [2010] UKEAT 0086_09_0701 (7 January 2010)

The Employment Tribunal made clear and adequate findings of fact, properly directed itself on the law, and was entitled to conclude that there was no constructive dismissal or unlawful discrimination. The Claimant failed to establish any fundamental breach of contract or acts of discrimination. The Tribunal's reasons were sufficient and its decision was not perverse.

Citation
[2010] UKEAT 0086_09_0701
Parties
Appellant/claimant: Mr Daley; Respondent/employer and Employees: Serco Ltd and others
Jurisdiction
United Kingdom
Judgment Date
07 January 2010
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Full Appeal Hearing From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Constructive Dismissal, Direct Race Discrimination, Victimisation, Harassment, Disability Discrimination, Employment Rights Act 1996, Race Relations Act 1976
Employment Law Discrimination Law Unfair Dismissal Constructive Dismissal Direct Race Discrimination Victimisation Harassment Disability Discrimination +2 more

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Parties

Mr Daley

Appellant/claimant

Serco Ltd and others

Respondent/employer and Employees

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Full Appeal Hearing From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing claims of constructive dismissal and four specific allegations of race discrimination
  2. 2 Whether the Tribunal failed to give adequate reasons or acted perversely in its findings
  3. 3 Whether the Tribunal misapplied the law on constructive dismissal and discrimination

Ratio Decidendi

The Employment Tribunal made clear and adequate findings of fact, properly directed itself on the law, and was entitled to conclude that there was no constructive dismissal or unlawful discrimination. The Claimant failed to establish any fundamental breach of contract or acts of discrimination. The Tribunal's reasons were sufficient and its decision was not perverse.

Court Disposition

Appeal dismissed

Orders

  • All claims of constructive dismissal and race discrimination dismissed
  • No order for reconsideration or remission to the Employment Tribunal