Onu v Akwiwu (Race Discrimination) [2012] UKEAT 0022_12_0105 (01 May 2012)

Onu v Akwiwu (Race Discrimination) [2012] UKEAT 0022_12_0105 (01 May 2012)

The Tribunal erred in finding direct race discrimination by misapplying the burden of proof; claimant was not treated as a family member and thus entitled to minimum wage; harassment claim fails for same reasons as direct discrimination; victimisation post-employment is actionable under Equality Act 2010; indirect discrimination claim as pleaded was circular and untenable.

Citation
[2012] UKEAT 0022_12_0105
Parties
Claimant: Ms P Onu; Respondent: Mr O Akwiwu; Respondent: Ms E Akwiwu
Jurisdiction
United Kingdom
Judgment Date
01 May 2012
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed in part, cross-appeal dismissed in part, victimisation claim upheld, direct discrimination and harassment claims overturned, minimum wage entitlement confirmed.
Legal Topics
Race Discrimination, National Minimum Wage, Working Time Regulations, Victimisation, Harassment, Indirect Discrimination
Employment Law Equality Law Race Discrimination National Minimum Wage Working Time Regulations Victimisation Harassment Indirect Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Ms P Onu

Claimant

Mr O Akwiwu

Respondent

Ms E Akwiwu

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant was entitled to the National Minimum Wage
  2. 2 Whether the claimant was directly discriminated against on grounds of race
  3. 3 Whether the claimant was harassed

Ratio Decidendi

The Tribunal erred in finding direct race discrimination by misapplying the burden of proof; claimant was not treated as a family member and thus entitled to minimum wage; harassment claim fails for same reasons as direct discrimination; victimisation post-employment is actionable under Equality Act 2010; indirect discrimination claim as pleaded was circular and untenable.

Court Disposition

Appeal allowed in part, cross-appeal dismissed in part, victimisation claim upheld, direct discrimination and harassment claims overturned, minimum wage entitlement confirmed.

Orders

  • Claimant entitled to National Minimum Wage and Working Time Regulations protections.
  • Victimisation claim remitted for further consideration.