Cordant Security Ltd v Singh & Anor (Race Discrimination : Direct) [2015] UKEAT 0144_15_2710 (27 October 2015)

Cordant Security Ltd v Singh & Anor (Race Discrimination : Direct) [2015] UKEAT 0144_15_2710 (27 October 2015)

A contravention of section 39(2)(d) of the Equality Act 2010 requires both discrimination (less favourable treatment on grounds of a protected characteristic) and detriment. Where the claimant's complaint was fabricated and the Tribunal found no injury to feelings or sense of grievance arising from the failure to investigate, the necessary element of detriment was not present. Therefore, the Tribunal erred in granting a declaration of discrimination.

Citation
[2015] UKEAT 0144_15_2710
Parties
Appellant: Cordant Security Limited; First Respondent: Mr H Singh; Second Respondent: Mr A Stones
Jurisdiction
United Kingdom
Judgment Date
27 October 2015
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed; declaration of discrimination set aside.
Legal Topics
Race Discrimination, Direct Discrimination, Detriment, Failure to Investigate, Equality Act 2010
Employment Law Equality Law Race Discrimination Direct Discrimination Detriment Failure to Investigate Equality Act 2010

Case Brief

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Parties

Cordant Security Limited

Appellant

Mr H Singh

First Respondent

Mr A Stones

Second Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether a finding of direct discrimination can be made absent any detriment to the claimant under section 39(2)(d) Equality Act 2010
  2. 2 Whether the Employment Tribunal erred in its approach to less favourable treatment and comparators

Ratio Decidendi

A contravention of section 39(2)(d) of the Equality Act 2010 requires both discrimination (less favourable treatment on grounds of a protected characteristic) and detriment. Where the claimant's complaint was fabricated and the Tribunal found no injury to feelings or sense of grievance arising from the failure to investigate, the necessary element of detriment was not present. Therefore, the Tribunal erred in granting a declaration of discrimination.

Court Disposition

Appeal allowed; declaration of discrimination set aside.

Orders

  • Declaration of discrimination set aside
  • No compensation awarded