Witter v Securicor Ltd [1993] UKEAT 109_91_1305 (13 May 1993)

Witter v Securicor Ltd [1993] UKEAT 109_91_1305 (13 May 1993)

The Tribunal was entitled to find no racial discrimination as the facts did not compel such an inference; the report's reference to race was not improper and the procedures followed were neutral. The Tribunal was also entitled to find that the employment ended by termination rather than true resignation, entitling the appellant to written reasons under Section 53.

Citation
[1993] UKEAT 109_91_1305
Parties
Appellant: Mr Witter; Respondent: Securicor Limited
Jurisdiction
United Kingdom
Judgment Date
13 May 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Racial Discrimination, Dismissal, Written Reasons for Dismissal, Employment Termination Procedures
Employment Law Discrimination Law Racial Discrimination Dismissal Written Reasons for Dismissal Employment Termination Procedures

Case Brief

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Parties

Mr Witter

Appellant

Securicor Limited

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the appellant was subjected to racial discrimination by the employer
  2. 2 Whether the appellant was entitled to written reasons for dismissal under Section 53 of the Employment Protection (Consolidation) Act 1978

Ratio Decidendi

The Tribunal was entitled to find no racial discrimination as the facts did not compel such an inference; the report's reference to race was not improper and the procedures followed were neutral. The Tribunal was also entitled to find that the employment ended by termination rather than true resignation, entitling the appellant to written reasons under Section 53.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • The appeal by Mr Witter is dismissed.
  • The cross-appeal by Securicor Limited is dismissed.