Lyfar-Cisse v Brighton And Sussex University Hospitals NHS Trust & Anor (Victimisation Discrimination : Detriment) [2017] UKEAT 0263_16_0203 (02 March 2017)

Lyfar-Cisse v Brighton And Sussex University Hospitals NHS Trust & Anor (Victimisation Discrimination : Detriment) [2017] UKEAT 0263_16_0203 (02 March 2017)

The Tribunal's reasoning on causation was inconsistent and failed to properly address whether the Second Respondent's actions were because of the protected act; the appeal is allowed and the matter remitted for reconsideration.

Citation
[2017] UKEAT 0263_16_0203
Parties
First Respondent: Brighton and Sussex University Hospitals NHS Trust; Second Respondent: Graham White; Appellant: Claimant (name not specified)
Jurisdiction
United Kingdom
Judgment Date
02 March 2017
Procedural Posture
Employment Tribunal Appeal / Remitted for Reconsideration
Outcome
Appeal allowed; matter remitted to a fresh Employment Tribunal.
Legal Topics
Victimisation, Race Discrimination, Grievance Procedures
Employment Law Equality Law Victimisation Race Discrimination Grievance Procedures

Case Brief

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Parties

Brighton and Sussex University Hospitals NHS Trust

First Respondent

Graham White

Second Respondent

Claimant (name not specified)

Appellant

Procedural Posture

Employment Tribunal Appeal / Remitted for Reconsideration

Legal Issues

  1. 1 Whether the Second Respondent's actions constituted victimisation under section 27 Equality Act 2010
  2. 2 Whether the Second Respondent's intervention amounted to a detriment
  3. 3 Causation between protected act and alleged detriment

Ratio Decidendi

The Tribunal's reasoning on causation was inconsistent and failed to properly address whether the Second Respondent's actions were because of the protected act; the appeal is allowed and the matter remitted for reconsideration.

Court Disposition

Appeal allowed; matter remitted to a fresh Employment Tribunal.

Orders

  • Remit both detriment and causation issues to a new Employment Tribunal for reconsideration.
  • The new Tribunal will use existing material and prior decisions.