Conteh v. Parking Partners Ltd [2010] UKEAT 0288_10_1712 (17 December 2010)

Conteh v. Parking Partners Ltd [2010] UKEAT 0288_10_1712 (17 December 2010)

The employer's inaction did not create or worsen the hostile environment and was not motivated by the claimant's race; therefore, there was no liability for harassment or direct discrimination under the Race Relations Act 1976.

Source-derived case information.

Citation
[2010] UKEAT 0288_10_1712
Parties
Appellant: Claimant (Appellant); Respondent: Respondent (Employer)
Jurisdiction
United Kingdom
Judgment Date
17 December 2010
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Racial Harassment, Direct Discrimination, Employer Liability, Race Relations Act 1976
Employment Law Discrimination Law Racial Harassment Direct Discrimination Employer Liability Race Relations Act 1976

Source-derived case record

Summary, issues, holding and outcome

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Parties

Claimant (Appellant)

Appellant

Respondent (Employer)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

  1. 1 Whether employer is liable for racial harassment/discrimination by third parties not under its control
  2. 2 Whether employer's inaction in response to racial abuse constitutes harassment or discrimination under Race Relations Act 1976

Ratio Decidendi

The employer's inaction did not create or worsen the hostile environment and was not motivated by the claimant's race; therefore, there was no liability for harassment or direct discrimination under the Race Relations Act 1976.

Court Disposition

Appeal dismissed