Cam v Matrix Service Development And Training Ltd (Race Discrimination) [2013] UKEAT 0302_12_2808 (28 August 2013)

Cam v Matrix Service Development And Training Ltd (Race Discrimination) [2013] UKEAT 0302_12_2808 (28 August 2013)

The Tribunal failed to make clear findings on key disputed facts, did not properly apply section 3A of the Race Relations Act 1976, and omitted consideration of the 5 April email as harassment. Its reasoning on racial harassment and associated time points cannot stand and must be reconsidered. The findings on victimisation were not perverse and are upheld.

Citation
[2013] UKEAT 0302_12_2808
Parties
Appellant: Mr Ian Cam; Respondent: Matrix Service Development and Training Ltd
Jurisdiction
United Kingdom
Judgment Date
28 August 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment Dated 2 February 2012
Outcome
Racial harassment issue and associated time points remitted to Tribunal for reconsideration; findings on victimisation upheld.
Legal Topics
Race Discrimination, Racial Harassment, Victimisation, Unfair Dismissal, Disability Discrimination, Time Limits
Employment Law Equality Law Race Discrimination Racial Harassment Victimisation Unfair Dismissal Disability Discrimination Time Limits

Case Brief

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Parties

Mr Ian Cam

Appellant

Matrix Service Development and Training Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment Dated 2 February 2012

Legal Issues

  1. 1 Whether the Tribunal erred in its findings on racial harassment under section 3A of the Race Relations Act 1976
  2. 2 Whether the Tribunal erred in its findings on victimisation
  3. 3 Whether the Tribunal failed to address relevant time points and continuing acts

Ratio Decidendi

The Tribunal failed to make clear findings on key disputed facts, did not properly apply section 3A of the Race Relations Act 1976, and omitted consideration of the 5 April email as harassment. Its reasoning on racial harassment and associated time points cannot stand and must be reconsidered. The findings on victimisation were not perverse and are upheld.

Court Disposition

Racial harassment issue and associated time points remitted to Tribunal for reconsideration; findings on victimisation upheld.

Orders

  • Racial harassment issue and associated time points remitted to the same Tribunal for reconsideration.
  • Tribunal to hear submissions on whether further evidence is required.