Okponobi v. Holland & Barrett Retail Ltd & Ors [2001] UKEAT 1269_00_1105 (11 May 2001)

Okponobi v. Holland & Barrett Retail Ltd & Ors [2001] UKEAT 1269_00_1105 (11 May 2001)

The Employment Tribunal did not err in law in dismissing the claims of race and sex discrimination, wrongful dismissal, breach of contract, and in upholding the counter-claim, except in relation to the allegation of victimisation by Mrs Denise Smith, which the Tribunal failed to address and constitutes an arguable error of law requiring a full hearing.

Citation
[2001] UKEAT 1269_00_1105
Parties
Appellant: Mr Okponobi; First Respondent: Holland & Barrett; Second Respondent: Mr Mayes; Third Respondent: Mrs Denise Smith; Fourth Respondent: Fourth Respondent (name not specified)
Jurisdiction
United Kingdom
Judgment Date
11 May 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed in all respects except for the allegation of victimisation by Mrs Denise Smith, which is to proceed to a full hearing.
Legal Topics
Race Discrimination, Sex Discrimination, Victimisation, Wrongful Dismissal, Breach of Contract, Counter Claim, Set Off
Employment Law Discrimination Law Race Discrimination Sex Discrimination Victimisation Wrongful Dismissal Breach of Contract Counter Claim +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Okponobi

Appellant

Holland & Barrett

First Respondent

Mr Mayes

Second Respondent

Mrs Denise Smith

Third Respondent

Fourth Respondent (name not specified)

Fourth Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Appellant was subjected to race discrimination by the Respondents
  2. 2 Whether the Appellant was subjected to sex discrimination in relation to his dismissal and grievance investigation
  3. 3 Whether the dismissal of the Appellant was wrongful and/or a breach of contract

Ratio Decidendi

The Employment Tribunal did not err in law in dismissing the claims of race and sex discrimination, wrongful dismissal, breach of contract, and in upholding the counter-claim, except in relation to the allegation of victimisation by Mrs Denise Smith, which the Tribunal failed to address and constitutes an arguable error of law requiring a full hearing.

Court Disposition

Appeal dismissed in all respects except for the allegation of victimisation by Mrs Denise Smith, which is to proceed to a full hearing.

Orders

  • Appeal on all grounds except victimisation dismissed.
  • Allegation of victimisation by Mrs Denise Smith to proceed to a full hearing.