Home Office v. Butt [2001] UKEAT 1169_00_1812 (18 December 2001)

Home Office v. Butt [2001] UKEAT 1169_00_1812 (18 December 2001)

The Employment Appeal Tribunal allowed the appeal regarding victimisation in relation to the application pack, finding the Employment Tribunal's inference impermissible given the clear factual finding that the omission was due to Mr Butt's request. The appeal regarding redeployment to Manchester was dismissed, as the Tribunal's finding of victimisation and direct discrimination was adequately reasoned and not legally erroneous.

Citation
[2001] UKEAT 1169_00_1812
Parties
Appellant: Home Office; Respondent: Mr Butt
Jurisdiction
United Kingdom
Judgment Date
18 December 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal allowed in part, dismissed in part
Legal Topics
Race Discrimination, Victimisation, Direct Discrimination, Remedies
Employment Law Equality Law Race Discrimination Victimisation Direct Discrimination Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

Home Office

Appellant

Mr Butt

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether failure to send application pack constituted victimisation under Race Relations Act 1976
  2. 2 Whether redeployment to Manchester constituted victimisation and/or direct race discrimination
  3. 3 Appropriate approach to comparators in discrimination claims

Ratio Decidendi

The Employment Appeal Tribunal allowed the appeal regarding victimisation in relation to the application pack, finding the Employment Tribunal's inference impermissible given the clear factual finding that the omission was due to Mr Butt's request. The appeal regarding redeployment to Manchester was dismissed, as the Tribunal's finding of victimisation and direct discrimination was adequately reasoned and not legally erroneous.

Court Disposition

appeal allowed in part, dismissed in part

Orders

  • Appeal allowed regarding victimisation for failure to send application pack; finding substituted that there was no victimisation.
  • Appeal dismissed regarding victimisation and direct discrimination in redeployment to Manchester.