Munu v Great Ormond Street Hospital NHS Trust & Ors [2007] UKEAT 0287_07_0511 (5 November 2007)

Munu v Great Ormond Street Hospital NHS Trust & Ors [2007] UKEAT 0287_07_0511 (5 November 2007)

Section 54A of the Race Relations Act 1976 does not apply to victimisation claims; the Tribunal's error regarding Ms Agin's knowledge of a protected act did not affect the outcome as no further findings were based on that error, and in each allegation the Tribunal found either no less favourable treatment or a legitimate reason for the treatment.

Citation
[2007] UKEAT 0287_07_0511
Parties
Appellant: Mrs Munu; Respondents: Great Ormond Street Hospital NHS Trust and six employees
Jurisdiction
United Kingdom
Judgment Date
05 November 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Victimisation, Race Discrimination, Burden of Proof, Employment Termination

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Munu

Appellant

Great Ormond Street Hospital NHS Trust and six employees

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

  1. 1 Does section 54A of the Race Relations Act 1976 apply to victimisation claims?
  2. 2 Did the Employment Tribunal err in its approach to the burden of proof in victimisation claims?
  3. 3 Did the Tribunal's factual error regarding Ms Agin's knowledge of a protected act affect the outcome?

Ratio Decidendi

Section 54A of the Race Relations Act 1976 does not apply to victimisation claims; the Tribunal's error regarding Ms Agin's knowledge of a protected act did not affect the outcome as no further findings were based on that error, and in each allegation the Tribunal found either no less favourable treatment or a legitimate reason for the treatment.

Court Disposition

Appeal dismissed