Bham v 2Gether NHS Foundation Trust (Race Discrimination : Direct) [2015] UKEAT 0417_14_0708 (07 August 2015)

Bham v 2Gether NHS Foundation Trust (Race Discrimination : Direct) [2015] UKEAT 0417_14_0708 (07 August 2015)

The Employment Tribunal correctly applied the legal tests for discrimination, harassment, and victimisation, found no evidence that the appellant was treated less favourably because of race or protected acts, and gave adequate reasons for its substantive and reconsideration decisions. However, the Tribunal failed to provide sufficient reasons for the costs award, warranting remittal for reconsideration.

Citation
[2015] UKEAT 0417_14_0708
Parties
Appellant: A Bham; Respondent: 2gether NHS Foundation Trust
Jurisdiction
United Kingdom
Judgment Date
07 August 2015
Procedural Posture
Employment Appeal Tribunal / Appeal Against Substantive, Reconsideration, and Costs Decisions
Outcome
Appeals against substantive and reconsideration decisions dismissed; appeal against costs decision allowed.
Legal Topics
Race Discrimination, Harassment, Victimisation, Reasonable Adjustments, Procedural Fairness
Employment Law Equality Law Race Discrimination Harassment Victimisation Reasonable Adjustments Procedural Fairness

Case Brief

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Parties

A Bham

Appellant

2gether NHS Foundation Trust

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Substantive, Reconsideration, and Costs Decisions

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing claims of race discrimination, harassment on grounds of religion or belief, and victimisation
  2. 2 Whether the Tribunal failed to make reasonable adjustments for the appellant
  3. 3 Whether the Tribunal erred in refusing to reconsider its substantive decision

Ratio Decidendi

The Employment Tribunal correctly applied the legal tests for discrimination, harassment, and victimisation, found no evidence that the appellant was treated less favourably because of race or protected acts, and gave adequate reasons for its substantive and reconsideration decisions. However, the Tribunal failed to provide sufficient reasons for the costs award, warranting remittal for reconsideration.

Court Disposition

Appeals against substantive and reconsideration decisions dismissed; appeal against costs decision allowed.

Orders

  • Costs application remitted to Employment Tribunal for reconsideration