Alibhai v E Moss Ltd [1995] UKEAT 758_93_2401 (24 January 1995)

Alibhai v E Moss Ltd [1995] UKEAT 758_93_2401 (24 January 1995)

The Tribunal found no evidence that the appellant was treated less favourably on racial grounds; the dismissal was due to performance issues, not race. The Tribunal's decision was not perverse and was justified on the facts found.

Citation
[1995] UKEAT 758_93_2401
Parties
Appellant: Appellant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
24 January 1995
Procedural Posture
Employment Discrimination Appeal / Appeal From Industrial Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Race Discrimination, Direct Discrimination, Indirect Discrimination, Employment Status, Burden of Proof
Employment Law Discrimination Law Race Discrimination Direct Discrimination Indirect Discrimination Employment Status Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondents

Respondent

Procedural Posture

Employment Discrimination Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the appellant was subjected to direct racial discrimination under the Race Relations Act 1976
  2. 2 Whether the appellant was subjected to indirect racial discrimination under the Race Relations Act 1976
  3. 3 Whether the Tribunal's decision was perverse in not inferring discrimination

Ratio Decidendi

The Tribunal found no evidence that the appellant was treated less favourably on racial grounds; the dismissal was due to performance issues, not race. The Tribunal's decision was not perverse and was justified on the facts found.

Court Disposition

appeal dismissed