Kayat v Grattan Plc & Ors [2008] UKEAT 0233_07_2902 (29 February 2008)

Kayat v Grattan Plc & Ors [2008] UKEAT 0233_07_2902 (29 February 2008)

The Tribunal erred in its approach to the burden of proof and comparators in race discrimination, failed to properly consider non-discriminatory explanations, and its findings of discrimination and unfair dismissal were not supported by the evidence or legal principles.

Citation
[2008] UKEAT 0233_07_2902
Parties
Appellant: Grattan Plc; Appellant: Martin Hobbs; Appellant: Colin Coulson; Respondent: Mohammed Kayat
Jurisdiction
United Kingdom
Judgment Date
29 February 2008
Procedural Posture
Employment Appeal Tribunal / Appeal
Outcome
Appeal allowed; Tribunal's findings of race discrimination and unfair dismissal set aside.
Legal Topics
Race Discrimination, Burden of Proof, Unfair Dismissal, Reasonableness of Dismissal, Substantial Other Reason for Dismissal
Employment Law Discrimination Law Race Discrimination Burden of Proof Unfair Dismissal Reasonableness of Dismissal Substantial Other Reason for Dismissal

Case Brief

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Parties

Grattan Plc

Appellant

Martin Hobbs

Appellant

Colin Coulson

Appellant

Mohammed Kayat

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal

Legal Issues

  1. 1 Whether the Tribunal erred in its approach to the shifting burden of proof in race discrimination
  2. 2 Whether it was open to the Tribunal to infer race discrimination from the primary facts
  3. 3 Whether the dismissal was for conduct or capability and whether it was reasonable

Ratio Decidendi

The Tribunal erred in its approach to the burden of proof and comparators in race discrimination, failed to properly consider non-discriminatory explanations, and its findings of discrimination and unfair dismissal were not supported by the evidence or legal principles.

Court Disposition

Appeal allowed; Tribunal's findings of race discrimination and unfair dismissal set aside.

Orders

  • Tribunal's findings of race discrimination against Grattan Plc and Mr Hobbs set aside.
  • Tribunal's finding of unfair dismissal against Grattan Plc set aside.