PASAB Ltd (t/a Jhoots Pharmacy) v Woods (Victimisation Discrimination : Other forms of victimisation) [2012] UKEAT 0454_11_0202 (02 February 2012)

PASAB Ltd (t/a Jhoots Pharmacy) v Woods (Victimisation Discrimination : Other forms of victimisation) [2012] UKEAT 0454_11_0202 (02 February 2012)

The reason for dismissal was not that the claimant had done a protected act, but that the respondent genuinely believed the claimant had made a racist comment; thus, the dismissal did not constitute unlawful victimisation under the Regulations.

Citation
[2012] UKEAT 0454_11_0202
Parties
Claimant: Mrs Woods; First Respondent: Jhoots Pharmacy; Second Respondent: Mrs Jhooty
Jurisdiction
United Kingdom
Judgment Date
02 February 2012
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed; complaint of victimisation dismissed.
Legal Topics
Victimisation, Religion or Belief Discrimination, Protected Act, Dismissal
Employment Law Equality Law Victimisation Religion or Belief Discrimination Protected Act Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mrs Woods

Claimant

Jhoots Pharmacy

First Respondent

Mrs Jhooty

Second Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether dismissal constituted unlawful victimisation under Employment Equality (Religion or Belief) Regulations 2003
  2. 2 Whether the 'little Sikh club' remark amounted to a protected act
  3. 3 Whether the reason for dismissal was a protected act or a racist comment

Ratio Decidendi

The reason for dismissal was not that the claimant had done a protected act, but that the respondent genuinely believed the claimant had made a racist comment; thus, the dismissal did not constitute unlawful victimisation under the Regulations.

Court Disposition

Appeal allowed; complaint of victimisation dismissed.

Orders

  • Judgment of Employment Tribunal reversed
  • Complaint of victimisation dismissed