Fleming v. C B Hillier Parker Management Services Ltd & Ors [2000] UKEAT 1196_00_2811 (28 November 2000)

Fleming v. C B Hillier Parker Management Services Ltd & Ors [2000] UKEAT 1196_00_2811 (28 November 2000)

The Tribunal was entitled to accept the redundancy explanation as non-discriminatory, given the appellant's shortest service and the respondent's efforts to find alternative employment. There was no error of law in the Tribunal's approach to inferences of discrimination or its summary of legal principles. The appeal disclosed no arguable point of law.

Citation
[2000] UKEAT 1196_00_2811
Parties
Appellant: Mr N E Fleming; Respondent: C B Hillier Parker Management Services Ltd; Respondent: Mr Anthony Arnold; Respondent: OCS Cleaning South Ltd
Jurisdiction
United Kingdom
Judgment Date
28 November 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Redundancy, Unfair Dismissal

Case Brief

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Parties

Mr N E Fleming

Appellant

C B Hillier Parker Management Services Ltd

Respondent

Mr Anthony Arnold

Respondent

OCS Cleaning South Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

  1. 1 Whether the appellant was dismissed on grounds of race
  2. 2 Whether the redundancy explanation was a pretext for racial discrimination
  3. 3 Whether the Employment Tribunal erred in law in its approach to inferences of discrimination

Ratio Decidendi

The Tribunal was entitled to accept the redundancy explanation as non-discriminatory, given the appellant's shortest service and the respondent's efforts to find alternative employment. There was no error of law in the Tribunal's approach to inferences of discrimination or its summary of legal principles. The appeal disclosed no arguable point of law.

Court Disposition

Appeal dismissed