Kirklees Metropolitan Council v Hutton [1996] UKEAT 1220_95_1505 (15 May 1996)

Kirklees Metropolitan Council v Hutton [1996] UKEAT 1220_95_1505 (15 May 1996)

The Industrial Tribunal failed to address whether the respondent suffered a detriment as required by Section 4 of the Race Relations Act 1976; the matter must be remitted for determination of detriment.

Citation
[1996] UKEAT 1220_95_1505
Parties
Appellant: Kirklees Metropolitan Council; Respondent: Kathleen Hutton
Jurisdiction
United Kingdom
Judgment Date
15 May 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; matter remitted to Industrial Tribunal to determine detriment.
Legal Topics
Racial Discrimination, Grievance Procedures, Capability Procedures, Unlawful Detriment
Employment Law Equality Law Racial Discrimination Grievance Procedures Capability Procedures Unlawful Detriment

Case Brief

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Parties

Kirklees Metropolitan Council

Appellant

Kathleen Hutton

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the grievance investigation was racially discriminatory
  2. 2 Whether the respondent suffered a detriment under Section 4 of the Race Relations Act 1976

Ratio Decidendi

The Industrial Tribunal failed to address whether the respondent suffered a detriment as required by Section 4 of the Race Relations Act 1976; the matter must be remitted for determination of detriment.

Court Disposition

Appeal allowed; matter remitted to Industrial Tribunal to determine detriment.

Orders

  • Remit to the same Industrial Tribunal to determine whether the respondent suffered a detriment within the meaning of Section 4 of the Race Relations Act 1976 and, if so, what that detriment was.