British Broadcasting Corporation & Anor v Jiad (Al Timimi) [2000] UKEAT 1014_98_0302 (3 February 2000)

British Broadcasting Corporation & Anor v Jiad (Al Timimi) [2000] UKEAT 1014_98_0302 (3 February 2000)

The Employment Tribunal misapplied the legal test for direct discrimination by failing to address the final causation stage and erred in its reasoning on victimisation by not making necessary findings linking the protected act to the treatment. The appeal is allowed and the matter is remitted for rehearing.

Citation
[2000] UKEAT 1014_98_0302
Parties
Appellant: BBC; Appellant: Mr McLellan; Respondent: Dr Jiad
Jurisdiction
United Kingdom
Judgment Date
03 February 2000
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal's orders set aside; matter remitted for rehearing before a fresh tribunal.
Legal Topics
Direct Racial Discrimination, Victimisation, Fixed Term Contracts, Employment Tribunal Procedure
Employment Law Discrimination Law Direct Racial Discrimination Victimisation Fixed Term Contracts Employment Tribunal Procedure

Case Brief

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Parties

BBC

Appellant

Mr McLellan

Appellant

Dr Jiad

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether Dr Jiad was unlawfully discriminated against on racial grounds by not being offered a continuing contract
  2. 2 Whether Dr Jiad was victimised by not being offered a continuing contract
  3. 3 Whether the Employment Tribunal misapplied the legal test for direct discrimination and victimisation

Ratio Decidendi

The Employment Tribunal misapplied the legal test for direct discrimination by failing to address the final causation stage and erred in its reasoning on victimisation by not making necessary findings linking the protected act to the treatment. The appeal is allowed and the matter is remitted for rehearing.

Court Disposition

Appeal allowed; Employment Tribunal's orders set aside; matter remitted for rehearing before a fresh tribunal.

Orders

  • Set aside Employment Tribunal's findings of direct discrimination and victimisation in favour of Dr Jiad.
  • Remit the case to a new tribunal for complete rehearing on the relevant issues.