Nicholas v Kirton & Anor [1993] UKEAT 95_92_0812 (8 December 1993)

Nicholas v Kirton & Anor [1993] UKEAT 95_92_0812 (8 December 1993)

The Tribunal found that the extension of the appellant's probation and his dismissal were due to poor timekeeping and not racially motivated. There was insufficient evidence to infer racial discrimination, and the Tribunal's findings were reasonable and not perverse.

Citation
[1993] UKEAT 95_92_0812
Parties
Appellant: Mr Thomas Nicholas; 1st Respondent: Mr B Kirton; 2nd Respondent: Financial Times
Jurisdiction
United Kingdom
Judgment Date
08 December 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Unfair Dismissal, Probationary Employment, Burden of Proof
Employment Law Discrimination Law Racial Discrimination Unfair Dismissal Probationary Employment Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Thomas Nicholas

Appellant

Mr B Kirton

1st Respondent

Financial Times

2nd Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the extension of the appellant's probation and subsequent dismissal constituted racial discrimination under the Race Relations Act 1976
  2. 2 Whether the Industrial Tribunal failed to make necessary findings of fact regarding alleged discrimination in the extension of probation

Ratio Decidendi

The Tribunal found that the extension of the appellant's probation and his dismissal were due to poor timekeeping and not racially motivated. There was insufficient evidence to infer racial discrimination, and the Tribunal's findings were reasonable and not perverse.

Court Disposition

Appeal dismissed