Riverside ECHG v Ubredi (Victimisation Discrimination : Protected disclosure) [2012] UKEAT 0624_11_1807 (18 July 2012)

Riverside ECHG v Ubredi (Victimisation Discrimination : Protected disclosure) [2012] UKEAT 0624_11_1807 (18 July 2012)

The Tribunal majority's findings were perverse and unsupported by the evidence; the law on victimisation was misapplied due to lack of comparator and insufficient explanation of motive. The appeal is allowed and the complaint of racial victimisation is dismissed.

Citation
[2012] UKEAT 0624_11_1807
Parties
Appellant: First Respondent; Respondent: Claimant
Jurisdiction
United Kingdom
Judgment Date
18 July 2012
Procedural Posture
Employment Tribunal Appeal / Judgment on Appeal
Outcome
Appeal allowed; complaint of racial victimisation dismissed.
Legal Topics
Victimisation, Race Discrimination, Protected Disclosure
Employment Law Equality Law Victimisation Race Discrimination Protected Disclosure

Case Brief

Summary, issues, holding and outcome

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Parties

First Respondent

Appellant

Claimant

Respondent

Procedural Posture

Employment Tribunal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the First Respondent committed an act of racial victimisation against the Claimant
  2. 2 Whether the Employment Tribunal's majority decision was perverse
  3. 3 Whether the Tribunal misapplied the law relating to victimisation

Ratio Decidendi

The Tribunal majority's findings were perverse and unsupported by the evidence; the law on victimisation was misapplied due to lack of comparator and insufficient explanation of motive. The appeal is allowed and the complaint of racial victimisation is dismissed.

Court Disposition

Appeal allowed; complaint of racial victimisation dismissed.

Orders

  • Complaint of racial victimisation against First Respondent dismissed.
  • No remission to Tribunal for re-determination.