Sheffield Black Drugs Service & Ors v Sheffield Black Drugs Service [2010] UKEAT 0233_09_2903 (29 March 2010)

Sheffield Black Drugs Service & Ors v Sheffield Black Drugs Service [2010] UKEAT 0233_09_2903 (29 March 2010)

The employer's failure to address the claimant's grievance, coupled with hostility and less favourable treatment compared to other employees, constituted a fundamental breach of the implied term of trust and confidence, entitling the claimant to resign and amounting to constructive unfair dismissal and direct race discrimination.

Citation
[2010] UKEAT 0233_09_2903
Parties
Appellant (respondent in the Cross Appeal): Sheffield Black Drugs Service; Respondent (appellant in the Cross Appeal): Mr M Nagi
Jurisdiction
United Kingdom
Judgment Date
29 March 2010
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Employment Tribunal
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
Unfair Dismissal, Constructive Dismissal, Race Discrimination, Direct Discrimination, Employment Grievance Procedures
Employment Law Discrimination Law Unfair Dismissal Constructive Dismissal Race Discrimination Direct Discrimination Employment Grievance Procedures

Case Brief

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Parties

Sheffield Black Drugs Service

Appellant (respondent in the Cross Appeal)

Mr M Nagi

Respondent (appellant in the Cross Appeal)

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the employer's failure to address the claimant's grievance constituted a fundamental breach of contract entitling the claimant to resign (constructive dismissal)
  2. 2 Whether the employer's conduct in handling the grievance amounted to direct race discrimination

Ratio Decidendi

The employer's failure to address the claimant's grievance, coupled with hostility and less favourable treatment compared to other employees, constituted a fundamental breach of the implied term of trust and confidence, entitling the claimant to resign and amounting to constructive unfair dismissal and direct race discrimination.

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • The appeal against the finding of constructive unfair dismissal is dismissed.
  • The appeal against the finding of race discrimination is dismissed.