Hussain v. HM Prison Service [2001] UKEAT 1250_00_2703 (27 March 2001)

Hussain v. HM Prison Service [2001] UKEAT 1250_00_2703 (27 March 2001)

It is arguable that the Employment Tribunal erred in law by applying an incorrect test for employer liability in racial discrimination, particularly by focusing on elimination rather than minimisation of harm and by not properly considering the statutory framework and relevant Home Office directives.

Citation
[2001] UKEAT 1250_00_2703
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
27 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Permission granted for full hearing before a Full Tribunal.
Legal Topics
Racial Discrimination, Employer Liability, Reasonableness of Employer Actions
Employment Law Discrimination Law Racial Discrimination Employer Liability Reasonableness of Employer Actions

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal test in assessing employer's actions regarding racial abuse by third parties
  2. 2 Whether the test of 'reasonableness in all the circumstances' is the correct standard under statute
  3. 3 Whether failure to follow Home Office order PSO 2800 was properly considered

Ratio Decidendi

It is arguable that the Employment Tribunal erred in law by applying an incorrect test for employer liability in racial discrimination, particularly by focusing on elimination rather than minimisation of harm and by not properly considering the statutory framework and relevant Home Office directives.

Court Disposition

Permission granted for full hearing before a Full Tribunal.

Orders

  • Case to be listed for 3-hour hearing in category A.
  • Skeleton arguments and authorities to be provided at least 14 days before hearing.