British Telecommunications Plc v Grant [1993] UKEAT 816_92_2012 (20 December 1993)

British Telecommunications Plc v Grant [1993] UKEAT 816_92_2012 (20 December 1993)

The Tribunal erred in law by finding a breach of Section 2(1)(a) where no proceedings had been brought or intended at the relevant time, failed to make the necessary comparison for less favourable treatment, and did not properly address whether the respondent suffered detriment. The Tribunal's decision was therefore...

Source-derived case information.

Citation
[1993] UKEAT 816_92_2012
Parties
Appellant: British Telecommunications plc; Respondent: Michael Grant
Jurisdiction
United Kingdom
Judgment Date
20 December 1993
Procedural Posture
Employment Discrimination Appeal / Appeal From Industrial Tribunal Decision
Outcome
appeal allowed; Tribunal decision quashed
Legal Topics
Race Discrimination, Victimisation, Industrial Tribunal Procedure
Employment Law Equality Law Race Discrimination Victimisation Industrial Tribunal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

British Telecommunications plc

Appellant

Michael Grant

Respondent

Procedural Posture

Employment Discrimination Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the employer breached Sections 2(1)(a) and 4(2)(b) of the Race Relations Act 1976 by victimising the respondent
  2. 2 Whether the respondent was treated less favourably than others
  3. 3 Whether the Tribunal erred in law or acted perversely in its reasoning

Ratio Decidendi

The Tribunal erred in law by finding a breach of Section 2(1)(a) where no proceedings had been brought or intended at the relevant time, failed to make the necessary comparison for less favourable treatment, and did not properly address whether the respondent suffered detriment. The Tribunal's decision was therefore flawed and must be quashed.

Court Disposition

appeal allowed; Tribunal decision quashed

Orders

  • The decision of the Industrial Tribunal is quashed.
  • It is substituted that the Appellants were not in breach of the Race Relations Act.