Mr S Gehlen v Allay (UK) Ltd (England and Wales : Race Discrimination) [2019] UKET 2500144/2018 (7 March 2019)

Mr S Gehlen v Allay (UK) Ltd (England and Wales : Race Discrimination) [2019] UKET 2500144/2018 (7 March 2019)

The tribunal found that the respondent had not taken all reasonable steps to prevent discrimination, as the equality and diversity training provided was stale and ineffective, and management failed to take prompt action when aware of the discriminatory conduct.

Source-derived case information.

Citation
[2019] UKET 2500144/2018
Parties
Claimant: Mr S Gehlen; Respondent: Allay (UK) Ltd
Jurisdiction
United Kingdom
Judgment Date
07 March 2019
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Race Discrimination, Vicarious Liability, Reasonable Steps Defence
Employment Law Equality Law Race Discrimination Vicarious Liability Reasonable Steps Defence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr S Gehlen

Claimant

Allay (UK) Ltd

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the respondent is liable for acts of race discrimination committed by its employee
  2. 2 Whether the respondent took all reasonable steps to prevent discrimination

Ratio Decidendi

The tribunal found that the respondent had not taken all reasonable steps to prevent discrimination, as the equality and diversity training provided was stale and ineffective, and management failed to take prompt action when aware of the discriminatory conduct.

Court Disposition

Claim upheld

Orders

  • Respondent to pay compensation to the claimant for race discrimination