Noel v Barnish & Anor [2000] UKEAT 1481_98_1301 (13 January 2000)

Noel v Barnish & Anor [2000] UKEAT 1481_98_1301 (13 January 2000)

The Tribunal did not err in law; it was entitled to find that the effective and predominant cause of the less favourable treatment was the smoking issue and not the appellant's race. There was no evidence that race was an effective cause.

Citation
[2000] UKEAT 1481_98_1301
Parties
Appellant: Mrs Noel; Respondents: Mary Barnish and Inner London Probation Service (ILPS)
Jurisdiction
United Kingdom
Judgment Date
13 January 2000
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Causation in Discrimination, Employment Tribunal Procedure
Employment Law Discrimination Law Race Discrimination Causation in Discrimination Employment Tribunal Procedure

Case Brief

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Parties

Mrs Noel

Appellant

Mary Barnish and Inner London Probation Service (ILPS)

Respondents

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by failing to consider if race was an effective cause, rather than the sole or predominant cause, of less favourable treatment.

Ratio Decidendi

The Tribunal did not err in law; it was entitled to find that the effective and predominant cause of the less favourable treatment was the smoking issue and not the appellant's race. There was no evidence that race was an effective cause.

Court Disposition

Appeal dismissed