HM Prison Services & Ors v Johnson [1996] UKEAT 1033_95_1902 (19 February 1996)

HM Prison Services & Ors v Johnson [1996] UKEAT 1033_95_1902 (19 February 1996)

The Tribunal was entitled to infer victimisation from the evidence, and the reasoning supporting the finding of unlawful discrimination was sound; no arguable point of law arises on liability.

Citation
[1996] UKEAT 1033_95_1902
Parties
Applicant: Mr Johnson; First Respondent: Mr Armitage; Second Respondent: Mr Marsden; Third Respondent: Prison Service
Jurisdiction
United Kingdom
Judgment Date
19 February 1996
Procedural Posture
Appeal / Preliminary Hearing
Outcome
Liability appeal dismissed; leave granted for quantum issues to proceed to full hearing.
Legal Topics
Race Discrimination, Victimisation, Aggravated Damages, Injury to Feelings
Employment Law Discrimination Law Race Discrimination Victimisation Aggravated Damages Injury to Feelings

Case Brief

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Parties

Mr Johnson

Applicant

Mr Armitage

First Respondent

Mr Marsden

Second Respondent

Prison Service

Third Respondent

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal erred in finding unlawful race discrimination and victimisation against the Applicant
  2. 2 Whether the Tribunal's awards for injury to feelings and aggravated damages were appropriate

Ratio Decidendi

The Tribunal was entitled to infer victimisation from the evidence, and the reasoning supporting the finding of unlawful discrimination was sound; no arguable point of law arises on liability.

Court Disposition

Liability appeal dismissed; leave granted for quantum issues to proceed to full hearing.

Orders

  • Liability appeal dismissed.
  • Quantum issues to proceed to full hearing.