Bijlani v Stewart & Ors [2012] UKEAT 0228_11_2012 (20 December 2012)

Bijlani v Stewart & Ors [2012] UKEAT 0228_11_2012 (20 December 2012)

The Employment Tribunal did not err in holding that the actions complained of were not taken on grounds of race. The Tribunal's reasoning did not leave open the possibility that decisions were taken in part on racial grounds. However, the Tribunal erred in its approach to detriment by requiring a factor operating on the mind of the decision-maker, but this did not affect the outcome as there was no evidence of detriment suffered by Dr Bijlani.

Citation
[2012] UKEAT 0228_11_2012
Parties
Appellant: Dr Bijlani; Respondents: 4 New Square Chambers, John Powell QC, Justin Fenwick QC, Roger Stewart QC, Ms Wiseman, Dominic Sabini, Dennis Peck, Steve Purse
Jurisdiction
United Kingdom
Judgment Date
20 December 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Dismissal
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Direct Discrimination, Detriment, Harassment, Equal Opportunities, Disability Discrimination
Employment Law Equality Law Race Discrimination Direct Discrimination Detriment Harassment Equal Opportunities Disability Discrimination

Case Brief

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Parties

Dr Bijlani

Appellant

4 New Square Chambers, John Powell QC, Justin Fenwick QC, Roger Stewart QC, Ms Wiseman, Dominic Sabini, Dennis Peck, Steve Purse

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Dismissal

Legal Issues

  1. 1 Whether the actions of the Respondents constituted detrimental treatment of Dr Bijlani on grounds of race under the Race Relations Act 1976
  2. 2 Whether the Employment Tribunal erred in law in its approach to detriment and grounds of race
  3. 3 Whether failure to dismiss clerks for racist conduct amounted to discrimination or harassment

Ratio Decidendi

The Employment Tribunal did not err in holding that the actions complained of were not taken on grounds of race. The Tribunal's reasoning did not leave open the possibility that decisions were taken in part on racial grounds. However, the Tribunal erred in its approach to detriment by requiring a factor operating on the mind of the decision-maker, but this did not affect the outcome as there was no evidence of detriment suffered by Dr Bijlani.

Court Disposition

Appeal dismissed

Orders

  • Complaints 8, 9 and 10 dismissed
  • No order for remission to Employment Tribunal