Kumar & Anor v. Grattan Plc [2000] EAT 1202_99_2401 (24 January 2000)

Kumar & Anor v. Grattan Plc [2000] EAT 1202_99_2401 (24 January 2000)

The Tribunal found that intimidation was the key distinguishing feature justifying the dismissal of the appellants and the retention of comparators, and this formed the basis for dismissing the race discrimination complaints.

Citation
[2000] EAT 1202_99_2401
Parties
Appellant: Mr Kumar; Appellant: Mr Hussain; Respondent: Grattan Plc
Jurisdiction
United Kingdom
Judgment Date
24 January 2000
Procedural Posture
Employment Appeal / Preliminary Hearing (ex Parte)
Outcome
adjourned for further evidence
Legal Topics
Race Discrimination, Comparators, Employment Dismissal, Disciplinary Action
Employment Law Discrimination Law Race Discrimination Comparators Employment Dismissal Disciplinary Action

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Kumar

Appellant

Mr Hussain

Appellant

Grattan Plc

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing (ex Parte)

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing complaints of race discrimination by distinguishing the appellants from comparators based on intimidation.
  2. 2 Whether evidence regarding intimidation by comparators was before the Employment Tribunal.

Ratio Decidendi

The Tribunal found that intimidation was the key distinguishing feature justifying the dismissal of the appellants and the retention of comparators, and this formed the basis for dismissing the race discrimination complaints.

Court Disposition

adjourned for further evidence

Orders

  • Preliminary hearing adjourned for 14 days.
  • Appellants to file a sworn statement by 9th February 2000 detailing evidence of intimidation by comparators or explaining absence of such evidence.