On Digital Ltd v. Ibeh & Ors [2000] UKEAT 1071_00_0911 (9 November 2000)

On Digital Ltd v. Ibeh & Ors [2000] UKEAT 1071_00_0911 (9 November 2000)

It is at least arguable that On Digital Ltd could be held to be a principal under the Abbey Life case, and the claims of racial discrimination should proceed against all three respondents. The constructive dismissal, breach of contract, and wage deduction claims should proceed only against First Security. The tribunal's decision to retain On Digital as a respondent was not perverse and is upheld.

Citation
[2000] UKEAT 1071_00_0911
Parties
Applicant: Applicant (unnamed); First Respondent: First Security (Guards) Ltd; Second Respondent: QVC Ltd; Third Respondent: On Digital Ltd
Jurisdiction
United Kingdom
Judgment Date
09 November 2000
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing – Ex Parte
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Victimisation, Constructive Dismissal, Breach of Contract, Health and Safety, Illegal Wage Deductions
Employment Law Equality Law Racial Discrimination Victimisation Constructive Dismissal Breach of Contract Health and Safety Illegal Wage Deductions

Case Brief

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Parties

Applicant (unnamed)

Applicant

First Security (Guards) Ltd

First Respondent

QVC Ltd

Second Respondent

On Digital Ltd

Third Respondent

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing – Ex Parte

Legal Issues

  1. 1 Whether On Digital Ltd should remain as a respondent for claims of racial discrimination and victimisation
  2. 2 Whether QVC Ltd and First Security (Guards) Ltd are liable as principals or aiders and abettors
  3. 3 Whether claims are out of time and if it is just and equitable to consider them

Ratio Decidendi

It is at least arguable that On Digital Ltd could be held to be a principal under the Abbey Life case, and the claims of racial discrimination should proceed against all three respondents. The constructive dismissal, breach of contract, and wage deduction claims should proceed only against First Security. The tribunal's decision to retain On Digital as a respondent was not perverse and is upheld.

Court Disposition

Appeal dismissed

Orders

  • On Digital Ltd remains as third respondent in the proceedings
  • Claims of racial discrimination proceed against all respondents