Lowery & Anor v. Ali [2000] EAT 1152_99_2501 (25 January 2000)

Lowery & Anor v. Ali [2000] EAT 1152_99_2501 (25 January 2000)

There are arguable errors of law in the Tribunal's approach to drawing inferences of racial discrimination and in its reasoning for compensation awards, justifying a full appeal hearing.

Citation
[2000] EAT 1152_99_2501
Parties
Appellant: Appellants; Appellant's Solicitor: Mark Taylor & Co.; Respondent: Mr Lowery
Jurisdiction
United Kingdom
Judgment Date
25 January 2000
Procedural Posture
Employment Appeal / Permission to Appeal Granted; Proceeding to Full Hearing
Outcome
Permission to appeal granted; matter proceeds to full hearing
Legal Topics
Racial Discrimination, Inference Drawing by Tribunal, Compensation Assessment
Employment Law Discrimination Law Racial Discrimination Inference Drawing by Tribunal Compensation Assessment

Case Brief

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Parties

Appellants

Appellant

Mark Taylor & Co.

Appellant's Solicitor

Mr Lowery

Respondent

Procedural Posture

Employment Appeal / Permission to Appeal Granted; Proceeding to Full Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in drawing inferences of racial discrimination
  2. 2 Whether the Tribunal's findings regarding stereotypical assumptions were erroneous
  3. 3 Whether the Tribunal erred in its reasoning for awards for injury to feelings and loss of salary

Ratio Decidendi

There are arguable errors of law in the Tribunal's approach to drawing inferences of racial discrimination and in its reasoning for compensation awards, justifying a full appeal hearing.

Court Disposition

Permission to appeal granted; matter proceeds to full hearing

Orders

  • Matter to proceed to full hearing on grounds set out in Notice of Appeal
  • Skeleton arguments to be exchanged