Smith v George Fisher Sales Ltd [1995] UKEAT 172_93_2701 (27 January 1995)

Smith v George Fisher Sales Ltd [1995] UKEAT 172_93_2701 (27 January 1995)

The Tribunal found no evidence that the dismissal or disciplinary procedures were racially discriminatory; alternative explanations for the complaints existed; the employer was justified in treating the complaints as it would for a white employee; the appeal was dismissed as no error of law or perversity was identified.

Citation
[1995] UKEAT 172_93_2701
Parties
Appellant: Mr Smith; Respondents: Respondents
Jurisdiction
United Kingdom
Judgment Date
27 January 1995
Procedural Posture
Appeal From Industrial Tribunal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Dismissal Procedures, Natural Justice
Employment Law Equality Law Racial Discrimination Dismissal Procedures Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Smith

Appellant

Respondents

Respondents

Procedural Posture

Appeal From Industrial Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the dismissal of Mr Smith was racially discriminatory under Section 1(1)(a) of the Race Relations Act 1976
  2. 2 Whether the employer failed to adequately investigate allegations of racial prejudice

Ratio Decidendi

The Tribunal found no evidence that the dismissal or disciplinary procedures were racially discriminatory; alternative explanations for the complaints existed; the employer was justified in treating the complaints as it would for a white employee; the appeal was dismissed as no error of law or perversity was identified.

Court Disposition

Appeal dismissed

Orders

  • No error of law found
  • Tribunal decision upheld