Elabed v. BBC Arabic Service & Ors [2001] UKEAT 0419_00_0507 (5 July 2001)
The Tribunal found that the appellant was not treated less favourably on racial grounds; the decision not to appoint was based solely on previous interpersonal difficulties and performance, not race. Any candidate with similar issues would have been treated the same. The Tribunal's error in referring to previous findings did not affect the outcome.
- Citation
- [2001] UKEAT 0419_00_0507
- Parties
- Appellant: Appellant; Respondent: Respondents
- Jurisdiction
- United Kingdom
- Judgment Date
- 05 July 2001
- Procedural Posture
- Employment Appeal / Preliminary Hearing
- Outcome
- appeal dismissed
- Legal Topics
- Race Discrimination, Employment Termination, Burden of Proof, Recruitment Practices
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 Whether the appellant was subjected to race discrimination in recruitment and non-renewal of contract
- 2 Whether the Employment Tribunal erred in its findings regarding less favourable treatment on racial grounds
Ratio Decidendi
The Tribunal found that the appellant was not treated less favourably on racial grounds; the decision not to appoint was based solely on previous interpersonal difficulties and performance, not race. Any candidate with similar issues would have been treated the same. The Tribunal's error in referring to previous findings did not affect the outcome.
Court Disposition
appeal dismissed
Orders
- No further hearing by a full Tribunal
- Appellant's claims of race discrimination dismissed
Full Case Text
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