Lasdas v Vanquis Bank Plc & Anor [2022] EAT 198 (15 November 2022)

Lasdas v Vanquis Bank Plc & Anor [2022] EAT 198 (15 November 2022)

The tribunal erred in law by mischaracterising the claimant's claim as direct race discrimination when it was, in substance, a claim of indirect discrimination arising from the respondents' requirement to pass Experian's pre-employment checks. The deposit orders were made on the wrong legal basis and cannot stand;...

Source-derived case information.

Citation
[2022] EAT 198
Parties
Appellant: Mr Sokratis Lasdas; First Respondent: Vanquis Bank PLC; Second Respondent: Rethink Group Ltd
Jurisdiction
United Kingdom
Judgment Date
15 November 2022
Procedural Posture
Employment Appeal / Appeal From Preliminary Hearing Deposit Order
Outcome
appeal allowed
Legal Topics
Race Discrimination, Indirect Discrimination, Deposit Orders, Case Management, Agency Liability
Employment Law Equality Law Race Discrimination Indirect Discrimination Deposit Orders Case Management Agency Liability

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Parties

Mr Sokratis Lasdas

Appellant

Vanquis Bank PLC

First Respondent

Rethink Group Ltd

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Preliminary Hearing Deposit Order

Legal Issues

  1. 1 Whether the claimant's claim was properly characterised as direct or indirect race discrimination
  2. 2 Whether deposit orders were correctly made based on the reasonable prospects of success
  3. 3 Liability of respondents for alleged discriminatory PCP requiring Experian checks

Ratio Decidendi

The tribunal erred in law by mischaracterising the claimant's claim as direct race discrimination when it was, in substance, a claim of indirect discrimination arising from the respondents' requirement to pass Experian's pre-employment checks. The deposit orders were made on the wrong legal basis and cannot stand; the claims have reasonable prospects of success and must be reinstated.

Court Disposition

appeal allowed

Orders

  • Deposit orders quashed
  • Claims against both respondents reinstated