Mullally v. Securicor Recruitment Services Ltd [2001] UKEAT 1299_00_2203 (22 March 2001)

Mullally v. Securicor Recruitment Services Ltd [2001] UKEAT 1299_00_2203 (22 March 2001)

The Tribunal found that although mimicry and banter based on racial identity are capable of amounting to discrimination, there was no detriment suffered by the appellant as she initiated and participated in the conduct, and did not raise a complaint with anyone in authority. The Tribunal's findings were not perverse or based on a wrong principle of law, and there was no arguable case for appeal.

Citation
[2001] UKEAT 1299_00_2203
Parties
Appellant: Miss Mullally; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
22 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Sex Discrimination, Unfair Dismissal, Harassment
Employment Law Equality Law Racial Discrimination Sex Discrimination Unfair Dismissal Harassment

Case Brief

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Parties

Miss Mullally

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether banter based on racial identity constitutes racial discrimination under the Race Relations Act 1976
  2. 2 Whether the appellant suffered detriment as a result of alleged racial harassment
  3. 3 Whether the appellant was treated less favourably on grounds of sex or race

Ratio Decidendi

The Tribunal found that although mimicry and banter based on racial identity are capable of amounting to discrimination, there was no detriment suffered by the appellant as she initiated and participated in the conduct, and did not raise a complaint with anyone in authority. The Tribunal's findings were not perverse or based on a wrong principle of law, and there was no arguable case for appeal.

Court Disposition

Appeal dismissed

Orders

  • No full appeal will be heard
  • No further action required