Lasila v APCOA Parking (UK) Ltd (RACE DISCRIMINATION) [2020] UKEAT 0012_20_1808 (18 August 2020)

Lasila v APCOA Parking (UK) Ltd (RACE DISCRIMINATION) [2020] UKEAT 0012_20_1808 (18 August 2020)

There was an evidential basis for the ET's finding that the vehicle driven by the white colleague had four slashed tyres, justifying the difference in treatment. The ET did not err in permitting the evidence without formal amendment, and there was no procedural unfairness or perversity in the ET's decision.

Citation
[2020] UKEAT 0012_20_1808
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
18 August 2020
Procedural Posture
Employment Appeal / Full Hearing
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Direct Discrimination, Procedural Fairness
Employment Law Discrimination Law Race Discrimination Direct Discrimination Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Full Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding that the reason for the difference in treatment between the Claimant and a white colleague was non-discriminatory
  2. 2 Whether there was procedural unfairness in allowing the Respondent to rely on the 'slashed tyres' explanation without amending its ET3

Ratio Decidendi

There was an evidential basis for the ET's finding that the vehicle driven by the white colleague had four slashed tyres, justifying the difference in treatment. The ET did not err in permitting the evidence without formal amendment, and there was no procedural unfairness or perversity in the ET's decision.

Court Disposition

Appeal dismissed