Unegbu v Dimension Data Network Services Ltd [2009] UKEAT 0391_08_2701 (27 January 2009)

Unegbu v Dimension Data Network Services Ltd [2009] UKEAT 0391_08_2701 (27 January 2009)

The Employment Tribunal erred in law by treating motive as relevant to direct race discrimination and by failing to appreciate the significance of equating British nationality with holding a British passport; the claim of direct discrimination must be reconsidered by a differently constituted Tribunal.

Citation
[2009] UKEAT 0391_08_2701
Parties
Appellant: Mr Unegbu; Respondent: Dimension Data Network Services Limited
Jurisdiction
United Kingdom
Judgment Date
27 January 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed; direct discrimination claim remitted to a differently constituted Employment Tribunal.
Legal Topics
Direct Race Discrimination, Indirect Race Discrimination, Motive in Discrimination, Nationality Criteria
Employment Law Equality Law Direct Race Discrimination Indirect Race Discrimination Motive in Discrimination Nationality Criteria

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Unegbu

Appellant

Dimension Data Network Services Limited

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in treating motive as relevant to direct race discrimination
  2. 2 Whether the Tribunal erred in considering equal treatment of all non-British nationals as relevant to direct discrimination

Ratio Decidendi

The Employment Tribunal erred in law by treating motive as relevant to direct race discrimination and by failing to appreciate the significance of equating British nationality with holding a British passport; the claim of direct discrimination must be reconsidered by a differently constituted Tribunal.

Court Disposition

Appeal allowed; direct discrimination claim remitted to a differently constituted Employment Tribunal.

Orders

  • Direct discrimination claim remitted for reconsideration by a different Tribunal.
  • Parties to agree a statement of undisputed facts.