Jack v. Pinkerton Security Services Ltd [2000] EAT 533_99_2306 (23 June 2000)

Jack v. Pinkerton Security Services Ltd [2000] EAT 533_99_2306 (23 June 2000)

There are arguable points of law regarding whether the Employment Tribunal erred in its approach to the evidence, the legal effect of client pressure on discriminatory acts, the handling of grievances related to racial discrimination prior to dismissal, and the assessment of continuing acts of discrimination. These issues warrant a full hearing.

Citation
[2000] EAT 533_99_2306
Parties
Appellant: Appellant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
23 June 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal to proceed to full hearing on identified points of law.
Legal Topics
Race Discrimination, Breach of Contract, Procedural Fairness, Dismissal, Continuing Act of Discrimination
Employment Law Discrimination Law Race Discrimination Breach of Contract Procedural Fairness Dismissal Continuing Act of Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding that the Respondents had no choice but to remove the Appellant from certain sites at the request of clients and whether this could be a defence to race discrimination.
  2. 2 Whether the Tribunal erred in its approach to the evidence and in permitting late explanations by Respondents' witnesses without adequate opportunity for the Appellant to respond.
  3. 3 Whether the Tribunal erred in failing to consider whether the refusal to address a complaint of racial discrimination before dismissal could itself constitute discrimination.

Ratio Decidendi

There are arguable points of law regarding whether the Employment Tribunal erred in its approach to the evidence, the legal effect of client pressure on discriminatory acts, the handling of grievances related to racial discrimination prior to dismissal, and the assessment of continuing acts of discrimination. These issues warrant a full hearing.

Court Disposition

Appeal to proceed to full hearing on identified points of law.

Orders

  • Skeleton arguments to be filed by both parties 14 days before the appeal hearing.
  • Case to be listed in Category C for a full day hearing.