Lawal v Regional Railways North Eastern Ltd [1997] UKEAT 530_96_1605 (16 May 1997)

Lawal v Regional Railways North Eastern Ltd [1997] UKEAT 530_96_1605 (16 May 1997)

The Tribunal erred in law by applying the wrong test for 'in the course of employment' and by accepting the statutory defence without sufficient evidence from the Respondent; the appeal is allowed and the case is remitted for rehearing.

Source-derived case information.

Citation
[1997] UKEAT 530_96_1605
Parties
Appellant: Mr Lawal; Respondent: Regional Railways North Eastern Limited
Jurisdiction
United Kingdom
Judgment Date
16 May 1997
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, Vicarious Liability, Statutory Defence, Industrial Tribunal Procedure
Employment Law Equality Law Racial Discrimination Vicarious Liability Statutory Defence Industrial Tribunal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Lawal

Appellant

Regional Railways North Eastern Limited

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the employer is vicariously liable for racial harassment by an employee under section 32(1) of the Race Relations Act 1976
  2. 2 Whether the employer established the statutory defence under section 32(3) of the Race Relations Act 1976
  3. 3 Whether the investigation into the complaint was adequate and genuine

Ratio Decidendi

The Tribunal erred in law by applying the wrong test for 'in the course of employment' and by accepting the statutory defence without sufficient evidence from the Respondent; the appeal is allowed and the case is remitted for rehearing.

Court Disposition

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

Orders

  • Remit the matter to a different Industrial Tribunal for rehearing.
  • The new Tribunal to consider the issues as outlined in the judgment.