Creative Support Ltd v. Egene [2009] UKEAT 0025_09_1205 (12 May 2009)

Creative Support Ltd v. Egene [2009] UKEAT 0025_09_1205 (12 May 2009)

The Employment Tribunal erred by upholding a claim of race discrimination based on an act not specifically complained about by the claimant, violating the principle in Chapman v Simon that tribunals may only adjudicate complaints actually made.

Citation
[2009] UKEAT 0025_09_1205
Parties
Appellant: Creative Support Limited; Respondent: Mr P A Egene
Jurisdiction
United Kingdom
Judgment Date
12 May 2009
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Race Discrimination, Direct Discrimination, Burden of Proof, Adequacy of Reasoning
Employment Law Equality Law Race Discrimination Direct Discrimination Burden of Proof Adequacy of Reasoning

Case Brief

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Parties

Creative Support Limited

Appellant

Mr P A Egene

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred by upholding a claim of race discrimination based on a complaint not made by the claimant
  2. 2 Whether the Tribunal failed to identify a relevant comparator
  3. 3 Whether the Tribunal's reasoning met the adequacy requirement

Ratio Decidendi

The Employment Tribunal erred by upholding a claim of race discrimination based on an act not specifically complained about by the claimant, violating the principle in Chapman v Simon that tribunals may only adjudicate complaints actually made.

Court Disposition

Appeal allowed

Orders

  • Employment Tribunal's finding of race discrimination set aside
  • Claims under the Race Relations Act 1976 dismissed except as specified