Richmond Pharmacology Ld & Anor v. Gillani [2008] UKEAT 0146_08_1507 (15 July 2008)

Richmond Pharmacology Ld & Anor v. Gillani [2008] UKEAT 0146_08_1507 (15 July 2008)

The appeal is allowed by consent and the case is remitted to a differently constituted Employment Tribunal to determine the Claimant's allegations of harassment on the grounds of race during two specific incidents, with directions for conciliation and witness attendance.

Citation
[2008] UKEAT 0146_08_1507
Parties
Respondent: Mr Gillani; Respondent: First Respondent (Employer); Respondent: Second Respondent (Line Manager)
Jurisdiction
United Kingdom
Judgment Date
15 July 2008
Procedural Posture
Appeal / Remission to Employment Tribunal
Outcome
Appeal allowed by consent; judgment and award set aside; case remitted to a differently constituted Employment Tribunal.
Legal Topics
Race Discrimination, Harassment, Remission Procedure
Employment Law Equality Law Race Discrimination Harassment Remission Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Gillani

Respondent

First Respondent (Employer)

Respondent

Second Respondent (Line Manager)

Respondent

Procedural Posture

Appeal / Remission to Employment Tribunal

Legal Issues

  1. 1 Whether the Claimant was subjected to harassment on the grounds of race during incidents on 29 June 2006 and 28 July 2006
  2. 2 Appropriate venue for remission
  3. 3 Credibility of evidence regarding the incidents

Ratio Decidendi

The appeal is allowed by consent and the case is remitted to a differently constituted Employment Tribunal to determine the Claimant's allegations of harassment on the grounds of race during two specific incidents, with directions for conciliation and witness attendance.

Court Disposition

Appeal allowed by consent; judgment and award set aside; case remitted to a differently constituted Employment Tribunal.

Orders

  • Remission to a differently constituted Employment Tribunal
  • Directions for conciliation via ACAS within 28 days