D'souza v London Borough Of Lambeth [2000] UKEAT 360_96_2706 (27 June 2000)

D'souza v London Borough Of Lambeth [2000] UKEAT 360_96_2706 (27 June 2000)

The Employment Appeal Tribunal is bound by the Court of Appeal decision in Adekeye, which holds that ex-employees cannot bring discrimination claims under section 4(2) of the Race Relations Act 1976. The refusal to reinstate a dismissed employee does not fall within the scope of actionable discrimination under the Act.

Source-derived case information.

Citation
[2000] UKEAT 360_96_2706
Parties
Appellant: Mr D'Souza; Respondent: London Borough of Lambeth
Jurisdiction
United Kingdom
Judgment Date
27 June 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Preliminary Jurisdictional Decision
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Victimisation, Jurisdiction of Employment Tribunal, Reinstatement After Dismissal
Employment Law Discrimination Law Racial Discrimination Victimisation Jurisdiction of Employment Tribunal Reinstatement After Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr D'Souza

Appellant

London Borough of Lambeth

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Preliminary Jurisdictional Decision

Legal Issues

  1. 1 Whether refusal to reinstate a dismissed employee constitutes actionable discrimination under the Race Relations Act
  2. 2 Whether an ex-employee can bring a discrimination complaint under section 4(2) of the Act
  3. 3 Whether the Employment Appeal Tribunal is bound by the Court of Appeal decision in The Post Office v Adekeye [No 2]

Ratio Decidendi

The Employment Appeal Tribunal is bound by the Court of Appeal decision in Adekeye, which holds that ex-employees cannot bring discrimination claims under section 4(2) of the Race Relations Act 1976. The refusal to reinstate a dismissed employee does not fall within the scope of actionable discrimination under the Act.

Court Disposition

Appeal dismissed