Williams v. Gray Security Services & Anor [2003] UKEAT 1082_01_1002 (10 February 2003)

Williams v. Gray Security Services & Anor [2003] UKEAT 1082_01_1002 (10 February 2003)

The Tribunal failed to make clear findings on whether Mr Williams made complaints of race discrimination or victimisation, and failed to address the effect of the 16 March 1999 letter. The Tribunal's reasons were inadequate and did not resolve key factual disputes. Justice requires remission for a fresh hearing before a differently constituted Tribunal.

Citation
[2003] UKEAT 1082_01_1002
Parties
Appellant: Mr Bashir Alexander Williams; First Respondent: Gray Services Ltd; Second Respondent: Senate Support Services Ltd
Jurisdiction
United Kingdom
Judgment Date
10 February 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; cross-appeal allowed; case remitted for rehearing before a differently constituted Employment Tribunal.
Legal Topics
Unfair Dismissal, Race Discrimination, Victimisation, Transfer of Undertakings (tupe)
Employment Law Discrimination Law Unfair Dismissal Race Discrimination Victimisation Transfer of Undertakings (tupe)

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Bashir Alexander Williams

Appellant

Gray Services Ltd

First Respondent

Senate Support Services Ltd

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in rejecting claims of race discrimination and victimisation
  2. 2 Whether the Tribunal failed to make findings on whether complaints of discrimination were made
  3. 3 Whether the Tribunal failed to address the effect of the Transfer of Undertakings (Protection of Employment) Regulations 1981

Ratio Decidendi

The Tribunal failed to make clear findings on whether Mr Williams made complaints of race discrimination or victimisation, and failed to address the effect of the 16 March 1999 letter. The Tribunal's reasons were inadequate and did not resolve key factual disputes. Justice requires remission for a fresh hearing before a differently constituted Tribunal.

Court Disposition

Appeal allowed; cross-appeal allowed; case remitted for rehearing before a differently constituted Employment Tribunal.

Orders

  • Mr Williams's complaints of racial discrimination and victimisation to be reheard by a new Tribunal.
  • No remission of other complaints.