Burrell v Micheldever Tyre Service Ltd (Race Discrimination : Inferring discrimination) [2013] UKEAT 0368_12_1502 (15 February 2013)

Burrell v Micheldever Tyre Service Ltd (Race Discrimination : Inferring discrimination) [2013] UKEAT 0368_12_1502 (15 February 2013)

The Tribunal was entitled to find direct racial discrimination in the Respondent's handling of the grievance due to lack of effective action and inadequate explanation. However, there was no evidential basis for the finding of victimisation as the relocation decision was not made 'by reason that' the Claimant raised a grievance. The dismissal was fair given the circumstances and the Claimant's refusal to relocate.

Citation
[2013] UKEAT 0368_12_1502
Parties
Claimant: Mr G Burrell; Respondent: Micheldever Tyre Service Ltd
Jurisdiction
United Kingdom
Judgment Date
15 February 2013
Procedural Posture
Employment Appeal / Appeal Judgment on Liability, Remitted for Remedies
Outcome
Respondent's appeal against victimisation finding allowed; Respondent's appeal against direct discrimination finding dismissed; Claimant's appeal against fair dismissal finding dismissed; matter remitted for remedies on direct discrimination.
Legal Topics
Race Discrimination, Victimisation, Unfair Dismissal, Burden of Proof, Remedies
Employment Law Discrimination Law Race Discrimination Victimisation Unfair Dismissal Burden of Proof Remedies

Case Brief

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Parties

Mr G Burrell

Claimant

Micheldever Tyre Service Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment on Liability, Remitted for Remedies

Legal Issues

  1. 1 Whether the Respondent committed direct racial discrimination in handling the Claimant's grievance
  2. 2 Whether the Claimant was victimised for raising a grievance
  3. 3 Whether the Claimant was unfairly dismissed

Ratio Decidendi

The Tribunal was entitled to find direct racial discrimination in the Respondent's handling of the grievance due to lack of effective action and inadequate explanation. However, there was no evidential basis for the finding of victimisation as the relocation decision was not made 'by reason that' the Claimant raised a grievance. The dismissal was fair given the circumstances and the Claimant's refusal to relocate.

Court Disposition

Respondent's appeal against victimisation finding allowed; Respondent's appeal against direct discrimination finding dismissed; Claimant's appeal against fair dismissal finding dismissed; matter remitted for remedies on direct discrimination.

Orders

  • Victimisation finding set aside
  • Direct discrimination finding upheld