Derby Specialist Fabrication Ltd v. Burton [2000] UKEAT 817_99_2809 (28 September 2000)

Derby Specialist Fabrication Ltd v. Burton [2000] UKEAT 817_99_2809 (28 September 2000)

Constructive dismissal falls within 'dismissal' under section 4(2)(c) of the Race Relations Act 1976; the claim was not time-barred due to continuing discriminatory acts; cumulative acts and employer's failure to prevent racial abuse amounted to unlawful racial discrimination; tribunal's award of interest on injury to feelings was not perverse and within its discretion.

Citation
[2000] UKEAT 817_99_2809
Parties
Appellant: Engineering Employers Federation; Respondent: Mr Burton
Jurisdiction
United Kingdom
Judgment Date
28 September 2000
Procedural Posture
Employment Discrimination Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Racial Discrimination, Compensation, Time Limits, Injury to Feelings, Interest on Awards
Employment Law Discrimination Law Constructive Dismissal Racial Discrimination Compensation Time Limits Injury to Feelings Interest on Awards

Case Brief

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Parties

Engineering Employers Federation

Appellant

Mr Burton

Respondent

Procedural Posture

Employment Discrimination Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether constructive dismissal falls within 'dismissal' under section 4(2)(c) of the Race Relations Act 1976
  2. 2 Whether the claim was time-barred
  3. 3 Whether the acts complained of were caused by race

Ratio Decidendi

Constructive dismissal falls within 'dismissal' under section 4(2)(c) of the Race Relations Act 1976; the claim was not time-barred due to continuing discriminatory acts; cumulative acts and employer's failure to prevent racial abuse amounted to unlawful racial discrimination; tribunal's award of interest on injury to feelings was not perverse and within its discretion.

Court Disposition

appeal dismissed

Orders

  • Employment Tribunal's finding of unlawful discrimination upheld
  • Compensation award of £19,551.02 including £5,000 for injury to feelings and £1,267.95 interest affirmed