Anyanwu v. Ebuzoeme & Ors [2003] UKEAT 0279_03_2011 (20 November 2003)

Anyanwu v. Ebuzoeme & Ors [2003] UKEAT 0279_03_2011 (20 November 2003)

The Employment Tribunal found no evidence of racial discrimination or victimisation by the Union or University. The Applicants' contracts of employment were terminated by frustration due to supervening impossibility of performance following their expulsion and the imposition of the Interim Constitution. As there was no unlawful act of discrimination, the University could not be liable for knowingly aiding such an act. The claims were dismissed.

Citation
[2003] UKEAT 0279_03_2011
Parties
Appellant: Mr A Anyanwu; Appellant: Mr O Ebuzoeme; 1st Respondent: The Union; 2nd Respondent: The University; 3rd Respondent: Maggie Hammond; 3rd Respondent: Mr Martyn McCormack
Jurisdiction
United Kingdom
Judgment Date
20 November 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Victimisation, Wrongful Dismissal, Frustration of Contract, Vicarious Liability
Employment Law Discrimination Law Race Discrimination Victimisation Wrongful Dismissal Frustration of Contract Vicarious Liability

Case Brief

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Parties

Mr A Anyanwu

Appellant

Mr O Ebuzoeme

Appellant

The Union

1st Respondent

The University

2nd Respondent

Maggie Hammond

3rd Respondent

Mr Martyn McCormack

3rd Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Applicants were dismissed on grounds of race by the Union
  2. 2 Whether the University knowingly aided the Union in acts of discrimination
  3. 3 Whether the Applicants were wrongfully dismissed or victimised

Ratio Decidendi

The Employment Tribunal found no evidence of racial discrimination or victimisation by the Union or University. The Applicants' contracts of employment were terminated by frustration due to supervening impossibility of performance following their expulsion and the imposition of the Interim Constitution. As there was no unlawful act of discrimination, the University could not be liable for knowingly aiding such an act. The claims were dismissed.

Court Disposition

Appeal dismissed

Orders

  • All claims of discrimination, victimisation, and wrongful dismissal are dismissed.
  • No order as to costs specified.