Henry v Riverside Mental Health NHS Trust [1997] UKEAT 1010_96_2702 (27 February 1997)

Henry v Riverside Mental Health NHS Trust [1997] UKEAT 1010_96_2702 (27 February 1997)

The tribunal correctly applied the law regarding race discrimination and victimisation, making clear findings of fact that there was no unlawful conduct. The only arguable ground for appeal is whether the reduction of compensation by 65% for contributory fault was justified given the circumstances of constructive dismissal.

Citation
[1997] UKEAT 1010_96_2702
Parties
Appellant: Applicant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
27 February 1997
Procedural Posture
Employment Appeal / Preliminary Hearing Ex Parte
Outcome
leave to amend notice of appeal granted on the issue of compensation reduction
Legal Topics
Constructive Dismissal, Race Discrimination, Victimisation, Contributory Fault
Employment Law Equality Law Constructive Dismissal Race Discrimination Victimisation Contributory Fault

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether the applicant was unlawfully victimised contrary to s.4(2)(c) and s.2(1)(d) of the Race Relations Act 1976
  2. 2 Whether the applicant was unlawfully discriminated against on grounds of race contrary to s.4(2)(c) and s.1(1)(a) of the Race Relations Act 1976
  3. 3 Whether the applicant was constructively dismissed and whether her dismissal was unfair

Ratio Decidendi

The tribunal correctly applied the law regarding race discrimination and victimisation, making clear findings of fact that there was no unlawful conduct. The only arguable ground for appeal is whether the reduction of compensation by 65% for contributory fault was justified given the circumstances of constructive dismissal.

Court Disposition

leave to amend notice of appeal granted on the issue of compensation reduction

Orders

  • Mr Adenekan is granted leave to amend the Notice of Appeal within 14 days to reflect the ground upon which leave has been given