Badewa v Circle Thirty Three Housing Trust Ltd [1997] UKEAT 332_95_0603 (6 March 1997)

Badewa v Circle Thirty Three Housing Trust Ltd [1997] UKEAT 332_95_0603 (6 March 1997)

The majority of the Industrial Tribunal found no evidence of direct or indirect racial discrimination and accepted the respondent's explanation that the dismissal and adverse reference were due to capability and management failures, not race. The Employment Appeal Tribunal held that this was a permissible conclusion on the evidence and not perverse, so the appeal was dismissed.

Citation
[1997] UKEAT 332_95_0603
Parties
Appellant: Miss Badewa; Respondent: Circle Thirty Three Housing Trust Limited
Jurisdiction
United Kingdom
Judgment Date
06 March 1997
Procedural Posture
Employment Appeal Tribunal / Appeal Against Majority Decision of Industrial Tribunal
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Unfair Dismissal, Employment References, Bias Allegations, Costs
Employment Law Discrimination Law Race Discrimination Unfair Dismissal Employment References Bias Allegations Costs

Case Brief

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Parties

Miss Badewa

Appellant

Circle Thirty Three Housing Trust Limited

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Majority Decision of Industrial Tribunal

Legal Issues

  1. 1 Whether the appellant was subjected to unlawful race discrimination in dismissal and treatment at work
  2. 2 Whether the adverse reference for a permanent post was racially motivated
  3. 3 Whether the Industrial Tribunal's majority decision was perverse or not open on the evidence

Ratio Decidendi

The majority of the Industrial Tribunal found no evidence of direct or indirect racial discrimination and accepted the respondent's explanation that the dismissal and adverse reference were due to capability and management failures, not race. The Employment Appeal Tribunal held that this was a permissible conclusion on the evidence and not perverse, so the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Costs awarded to the Commission for Racial Equality (CRE) against the respondents in respect of defending the allegation of bias.