DSG Retail Ltd v Dione [2000] UKEAT 811_98_1011 (10 November 2000)

DSG Retail Ltd v Dione [2000] UKEAT 811_98_1011 (10 November 2000)

The Employment Tribunal erred in law by failing to provide adequate reasons for its findings on causation and liability in respect of both victimisation and unfair dismissal. The Tribunal's conclusions on the influence of the protected act and the reasons for dismissal were insufficiently explained and not properly...

Source-derived case information.

Citation
[2000] UKEAT 811_98_1011
Parties
Appellant: DSG Retail Ltd; Respondent: Mr Dione
Jurisdiction
United Kingdom
Judgment Date
10 November 2000
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Decision
Outcome
Appeal and cross-appeal allowed; decisions of Employment Tribunal set aside and remitted for reconsideration.
Legal Topics
Victimisation, Race Discrimination, Unfair Dismissal, Remedies, Causation, Procedural Fairness
Employment Law Discrimination Law Victimisation Race Discrimination Unfair Dismissal Remedies Causation Procedural Fairness

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Summary, issues, holding and outcome

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Parties

DSG Retail Ltd

Appellant

Mr Dione

Respondent

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether Mr Dione was victimised contrary to section 2 of the Race Relations Act 1976
  2. 2 Whether Mr Dione was unfairly dismissed
  3. 3 Whether the Employment Tribunal provided adequate reasons for its findings on causation and liability

Ratio Decidendi

The Employment Tribunal erred in law by failing to provide adequate reasons for its findings on causation and liability in respect of both victimisation and unfair dismissal. The Tribunal's conclusions on the influence of the protected act and the reasons for dismissal were insufficiently explained and not properly linked. Both liability and quantum must be remitted to a differently constituted Employment Tribunal for reconsideration.

Court Disposition

Appeal and cross-appeal allowed; decisions of Employment Tribunal set aside and remitted for reconsideration.

Orders

  • Both liability and quantum in respect of the claims for discrimination by way of victimisation and unfair dismissal are remitted to a differently constituted Employment Tribunal.