Adecco UK Ltd v. F Ali [2007] UKEAT 0554_06_2302 (23 February 2007)

Adecco UK Ltd v. F Ali [2007] UKEAT 0554_06_2302 (23 February 2007)

The tribunal's findings were insufficiently clear on the key issue of whether the position was available at the time of the interview, which is necessary for a finding of discrimination. The case must be reheard by a new tribunal to make proper findings of fact and assess remedies appropriately.

Source-derived case information.

Citation
[2007] UKEAT 0554_06_2302
Parties
Appellant: Adecco UK Limited; Respondent: Ms Ali
Jurisdiction
United Kingdom
Judgment Date
23 February 2007
Procedural Posture
Employment Appeal / Appeal Against Liability Decision and Reference to Remedies Appeal
Outcome
Appeal allowed; new hearing ordered before a new tribunal.
Legal Topics
Race Discrimination, Burden of Proof, Remedies, Loss of Chance
Employment Law Discrimination Law Race Discrimination Burden of Proof Remedies Loss of Chance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Adecco UK Limited

Appellant

Ms Ali

Respondent

Procedural Posture

Employment Appeal / Appeal Against Liability Decision and Reference to Remedies Appeal

Legal Issues

  1. 1 Whether the employment tribunal made a key finding as to whether the position was still vacant at the time of the interview
  2. 2 Whether the tribunal properly assessed the loss of a chance in awarding remedies
  3. 3 Whether the burden of proof was correctly applied in the discrimination finding

Ratio Decidendi

The tribunal's findings were insufficiently clear on the key issue of whether the position was available at the time of the interview, which is necessary for a finding of discrimination. The case must be reheard by a new tribunal to make proper findings of fact and assess remedies appropriately.

Court Disposition

Appeal allowed; new hearing ordered before a new tribunal.

Orders

  • Case remitted for rehearing before a new tribunal.
  • Both liability and remedies to be reconsidered.