Marian Nursing Home v Shun [1996] UKEAT 1034_95_2901 (29 January 1996)

Marian Nursing Home v Shun [1996] UKEAT 1034_95_2901 (29 January 1996)

The tribunal was entitled to accept the respondent's evidence of discrimination, the appellant failed to prove the statutory defence under Section 32(3) of the Race Relations Act 1976, and the findings were not perverse.

Citation
[1996] UKEAT 1034_95_2901
Parties
Appellant: Mr L E A McAteer; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
29 January 1996
Procedural Posture
Employer's Appeal Against Industrial Tribunal Decision / Preliminary Hearing on Arguable Point of Law
Outcome
appeal dismissed
Legal Topics
Race Discrimination, Vicarious Liability, Burden of Proof, Statutory Defence
Employment Law Discrimination Law Race Discrimination Vicarious Liability Burden of Proof Statutory Defence

Case Brief

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Parties

Mr L E A McAteer

Appellant

Respondent

Respondent

Procedural Posture

Employer's Appeal Against Industrial Tribunal Decision / Preliminary Hearing on Arguable Point of Law

Legal Issues

  1. 1 Whether the tribunal erred in finding unlawful race discrimination
  2. 2 Whether the burden of proof and balance of probabilities were properly applied
  3. 3 Whether the appellant was vicariously liable for the discriminatory act

Ratio Decidendi

The tribunal was entitled to accept the respondent's evidence of discrimination, the appellant failed to prove the statutory defence under Section 32(3) of the Race Relations Act 1976, and the findings were not perverse.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed at preliminary hearing.