Adebowale v Peninsula Business Services Ltd [2003] UKEAT 1135_02_2001 (20 January 2003)

Adebowale v Peninsula Business Services Ltd [2003] UKEAT 1135_02_2001 (20 January 2003)

The Tribunal's findings were not perverse and there was no evidence of constructive dismissal or race discrimination; however, there may be an arguable case regarding failure to make findings on alleged differential treatment of Mr McGlashan and Mrs Evans relevant to race discrimination, warranting remission for clarification.

Citation
[2003] UKEAT 1135_02_2001
Parties
Appellant: Mr Adebowale; Respondent: Peninsula Business Services Ltd
Jurisdiction
United Kingdom
Judgment Date
20 January 2003
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
all grounds dismissed except ground 6(e); preliminary hearing adjourned pending Employment Tribunal clarification
Legal Topics
Constructive Dismissal, Race Discrimination, Breach of Contract
Employment Law Discrimination Law Constructive Dismissal Race Discrimination Breach of Contract

Case Brief

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Parties

Mr Adebowale

Appellant

Peninsula Business Services Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 whether the appellant was unfairly constructively dismissed
  2. 2 whether the appellant was discriminated against on grounds of race or nationality
  3. 3 whether there was breach of contract

Ratio Decidendi

The Tribunal's findings were not perverse and there was no evidence of constructive dismissal or race discrimination; however, there may be an arguable case regarding failure to make findings on alleged differential treatment of Mr McGlashan and Mrs Evans relevant to race discrimination, warranting remission for clarification.

Court Disposition

all grounds dismissed except ground 6(e); preliminary hearing adjourned pending Employment Tribunal clarification

Orders

  • ground 6(e) referred back to Employment Tribunal for clarification on findings regarding Mr McGlashan and Mrs Evans and any evidence of discrimination
  • liberty to Respondents and Appellant to make written submissions within fourteen days