Sharma & Anor v Liverpool City Council [2001] UKEAT 1263_98_2201 (22 January 2001)

Sharma & Anor v Liverpool City Council [2001] UKEAT 1263_98_2201 (22 January 2001)

The Tribunal was entitled to find, on the evidence, that the less favourable treatment was not on racial grounds as required by Section 1 of the Race Relations Act 1976. The Tribunal did not err in law by not considering Section 2 claims, as the appellants and their representatives did not pursue or properly plead such claims, and any misunderstanding did not amount to a binding legal misdirection by the Chairman.

Citation
[2001] UKEAT 1263_98_2201
Parties
Appellant: Mr Sharma; Appellant: Mr Evans (deceased, appeal continued by estate); Respondent: Liverpool City Council
Jurisdiction
United Kingdom
Judgment Date
22 January 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Victimisation, Employment Tribunal Procedure
Employment Law Discrimination Law Racial Discrimination Victimisation Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Sharma

Appellant

Mr Evans (deceased, appeal continued by estate)

Appellant

Liverpool City Council

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether delay in authorising additional counselling for Mr Sharma constituted less favourable treatment on racial grounds under Section 1 of the Race Relations Act 1976
  2. 2 Whether less favourable treatment of Mr Evans regarding car mileage claim was on racial grounds under Section 1 of the Race Relations Act 1976
  3. 3 Whether the Tribunal erred in law by not considering claims under Section 2 (victimisation) of the Race Relations Act 1976 due to alleged misdirection by the Chairman

Ratio Decidendi

The Tribunal was entitled to find, on the evidence, that the less favourable treatment was not on racial grounds as required by Section 1 of the Race Relations Act 1976. The Tribunal did not err in law by not considering Section 2 claims, as the appellants and their representatives did not pursue or properly plead such claims, and any misunderstanding did not amount to a binding legal misdirection by the Chairman.

Court Disposition

Appeal dismissed