Ashworth Hospital Authority v Bonomally [1997] UKEAT 889_96_2503 (25 March 1997)

Ashworth Hospital Authority v Bonomally [1997] UKEAT 889_96_2503 (25 March 1997)

The tribunal erred in law by failing to apply the statutory test for direct discrimination, equating unreasonable behaviour with less favourable treatment, and not making a clear finding that a comparator would have been treated more favourably.

Citation
[1997] UKEAT 889_96_2503
Parties
Respondent: Mr Bonomally; Appellant: Ashworth Hospital
Jurisdiction
United Kingdom
Judgment Date
25 March 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
Appeal allowed; part of the claim remitted for redetermination by a fresh tribunal.
Legal Topics
Race Discrimination, Holiday Entitlement, Direct Discrimination, Employment Tribunal Procedure
Employment Law Discrimination Law Race Discrimination Holiday Entitlement Direct Discrimination Employment Tribunal Procedure

Case Brief

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Parties

Mr Bonomally

Respondent

Ashworth Hospital

Appellant

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the tribunal applied the correct statutory test for direct race discrimination under s.1(1)(a) of the Race Relations Act 1976
  2. 2 Whether unreasonable behaviour equates to less favourable treatment for the purposes of discrimination
  3. 3 Whether the inference of racial discrimination was properly drawn

Ratio Decidendi

The tribunal erred in law by failing to apply the statutory test for direct discrimination, equating unreasonable behaviour with less favourable treatment, and not making a clear finding that a comparator would have been treated more favourably.

Court Disposition

Appeal allowed; part of the claim remitted for redetermination by a fresh tribunal.

Orders

  • Claims concerning carried over and scheduling/verification of holidays to be redetermined by a fresh tribunal.
  • Tribunal's decision on other claims (1) and (2) to stand.