Bukhari v Custom & Excise [1992] UKEAT 271_90_1903 (19 March 1992)

Bukhari v Custom & Excise [1992] UKEAT 271_90_1903 (19 March 1992)

The appeal was dismissed because the Industrial Tribunal made a factual finding that Mrs Withers was not racially stereotyping Mr Bukhari but was seeking to explain his conduct, and there was no evidence of bias or unfairness in the Tribunal's proceedings. The appellate tribunal is bound by these findings and found no basis to interfere.

Citation
[1992] UKEAT 271_90_1903
Parties
Appellant: Mr Bukhari; Respondent: Mrs N A Withers; Respondent: Mr F Carpenter
Jurisdiction
United Kingdom
Judgment Date
19 March 1992
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Bias in Tribunal Proceedings, Race Relations Act 1976, Stereotyping, Procedural Fairness
Employment Law Discrimination Law Racial Discrimination Bias in Tribunal Proceedings Race Relations Act 1976 Stereotyping Procedural Fairness

Case Brief

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Parties

Mr Bukhari

Appellant

Mrs N A Withers

Respondent

Mr F Carpenter

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal was biased or conducted an unfair hearing
  2. 2 Whether the decision to transfer Mr Bukhari was the result of unlawful racial stereotyping and discrimination under the Race Relations Act 1976

Ratio Decidendi

The appeal was dismissed because the Industrial Tribunal made a factual finding that Mrs Withers was not racially stereotyping Mr Bukhari but was seeking to explain his conduct, and there was no evidence of bias or unfairness in the Tribunal's proceedings. The appellate tribunal is bound by these findings and found no basis to interfere.

Court Disposition

Appeal dismissed