Joseph v Bass Inns & Taverns Ltd [1993] UKEAT 574_91_2903 (29 March 1993)

Joseph v Bass Inns & Taverns Ltd [1993] UKEAT 574_91_2903 (29 March 1993)

The Tribunal found that Mr Joseph was not treated unfavourably on account of his colour or racial origin; the dismissal was due to personality clashes and conduct during the trial period, not race. The Tribunal did not err in law and the burden of proof was not discharged by Mr Joseph.

Citation
[1993] UKEAT 574_91_2903
Parties
Appellant: Mr Joseph; Respondent: Bass Inns & Taverns Ltd
Jurisdiction
United Kingdom
Judgment Date
29 March 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; case remitted for rehearing by a different Industrial Tribunal.
Legal Topics
Racial Discrimination, Dismissal, Direct Discrimination, Burden of Proof
Employment Law Equality Law Racial Discrimination Dismissal Direct Discrimination Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Joseph

Appellant

Bass Inns & Taverns Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether Mr Joseph was dismissed on grounds of race (direct discrimination)
  2. 2 Whether less favourable treatment occurred compared to a white employee
  3. 3 Whether the Industrial Tribunal erred in law in its analysis of the evidence

Ratio Decidendi

The Tribunal found that Mr Joseph was not treated unfavourably on account of his colour or racial origin; the dismissal was due to personality clashes and conduct during the trial period, not race. The Tribunal did not err in law and the burden of proof was not discharged by Mr Joseph.

Court Disposition

Appeal allowed; case remitted for rehearing by a different Industrial Tribunal.

Orders

  • The appeal is allowed.
  • The matter is remitted to a different Industrial Tribunal for a rehearing.