Micheldever Tyre Service Ltd v Burrell (Race Discrimination : Inferring discrimination) [2013] UKEAT 0427_12_1502 (15 February 2013)

Micheldever Tyre Service Ltd v Burrell (Race Discrimination : Inferring discrimination) [2013] UKEAT 0427_12_1502 (15 February 2013)

The Tribunal was entitled to find direct racial discrimination due to the Respondent's failure to take effective action on the Claimant's grievance and unexplained managerial inaction. However, the Tribunal erred in finding victimisation, as there was no evidence that the relocation was 'by reason that' the Claimant raised a grievance. The dismissal was found to be fair given the circumstances and reasonable alternatives considered.

Citation
[2013] UKEAT 0427_12_1502
Parties
Claimant: Mr G Burrell; Respondent: Micheldever Tyre Service Ltd
Jurisdiction
United Kingdom
Judgment Date
15 February 2013
Procedural Posture
Employment Tribunal Appeal / Judgment on Appeals Against Findings of Discrimination, Victimisation, and Unfair Dismissal
Outcome
Appeal against victimisation finding allowed; appeal against direct discrimination finding dismissed; appeal against unfair dismissal finding dismissed; matter remitted for remedies hearing on direct discrimination.
Legal Topics
Race Discrimination, Victimisation, Unfair Dismissal, Burden of Proof, Remedies
Employment Law Equality 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 Tribunal Appeal / Judgment on Appeals Against Findings of Discrimination, Victimisation, and Unfair Dismissal

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 due to the Respondent's failure to take effective action on the Claimant's grievance and unexplained managerial inaction. However, the Tribunal erred in finding victimisation, as there was no evidence that the relocation was 'by reason that' the Claimant raised a grievance. The dismissal was found to be fair given the circumstances and reasonable alternatives considered.

Court Disposition

Appeal against victimisation finding allowed; appeal against direct discrimination finding dismissed; appeal against unfair dismissal finding dismissed; matter remitted for remedies hearing on direct discrimination.

Orders

  • Respondent's appeal against victimisation finding allowed
  • Respondent's appeal against direct discrimination finding dismissed