Berry v Ravensbourne (NHS) Trust [1995] UKEAT 578_94_0310 (3 October 1995)

Berry v Ravensbourne (NHS) Trust [1995] UKEAT 578_94_0310 (3 October 1995)

The Industrial Tribunal failed to provide adequate reasoning and analysis regarding the complaint of race discrimination and did not properly consider whether inferences of discrimination should be drawn from the facts; therefore, the matter must be remitted to a newly constituted Tribunal for reconsideration.

Citation
[1995] UKEAT 578_94_0310
Parties
Appellant: Mrs Berry; Respondent: Ravensbourne (NHS) Trust
Jurisdiction
United Kingdom
Judgment Date
03 October 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
Appeal allowed in part; matter remitted to a newly constituted Tribunal for reconsideration of the race discrimination complaint.
Legal Topics
Race Discrimination, Unfair Dismissal, Redundancy, Industrial Tribunal Procedure
Employment Law Equality Law Race Discrimination Unfair Dismissal Redundancy Industrial Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Berry

Appellant

Ravensbourne (NHS) Trust

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether Mrs Berry was unlawfully discriminated against on grounds of race
  2. 2 Whether the Industrial Tribunal properly considered the complaint of race discrimination

Ratio Decidendi

The Industrial Tribunal failed to provide adequate reasoning and analysis regarding the complaint of race discrimination and did not properly consider whether inferences of discrimination should be drawn from the facts; therefore, the matter must be remitted to a newly constituted Tribunal for reconsideration.

Court Disposition

Appeal allowed in part; matter remitted to a newly constituted Tribunal for reconsideration of the race discrimination complaint.

Orders

  • Complaint of unlawful racial discrimination remitted to a newly constituted Tribunal.
  • New Tribunal to proceed on facts found by the first Tribunal but may hear additional evidence solely on the race issue.