Elabed v. BBC Arabic Service & Ors [2001] UKEAT 0419_00_0507 (5 July 2001)

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Appellant

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

  1. 1 Whether the appellant was subjected to race discrimination in recruitment and non-renewal of contract
  2. 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