Williams v London Borough Of Southwark [1997] UKEAT 471_97_3110 (31 October 1997)

Williams v London Borough Of Southwark [1997] UKEAT 471_97_3110 (31 October 1997)

The appeals were dismissed because the tribunals were entitled to find no less favourable treatment or action short of dismissal, and the costs order was within the tribunal's discretion given the appellant's unreasonable conduct.

Citation
[1997] UKEAT 471_97_3110
Parties
Appellant: Mr Williams; Appellant's Trade Union: Public Transport Staff Consortium; Respondent: London (South) Council
Jurisdiction
United Kingdom
Judgment Date
31 October 1997
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeals dismissed
Legal Topics
Racial Discrimination, Victimisation, Trade Union Rights, Internal Disciplinary Procedures, Costs Orders
Employment Law Discrimination Law Labour Law Racial Discrimination Victimisation Trade Union Rights Internal Disciplinary Procedures Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Williams

Appellant

Public Transport Staff Consortium

Appellant's Trade Union

London (South) Council

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the appellant was subjected to unlawful racial discrimination or victimisation under the Race Relations Act 1976
  2. 2 Whether the respondent's refusal to allow representation by an unrecognised trade union constituted action short of dismissal contrary to Section 146(1)(c) of the Trade Union and Labour Relations (Consolidation) Act 1992
  3. 3 Whether the Industrial Tribunal's order for costs was justified

Ratio Decidendi

The appeals were dismissed because the tribunals were entitled to find no less favourable treatment or action short of dismissal, and the costs order was within the tribunal's discretion given the appellant's unreasonable conduct.

Court Disposition

Appeals dismissed

Orders

  • First appeal dismissed: no arguable point of law on discrimination or victimisation
  • Second appeal dismissed: no action short of dismissal established