Hammersmith & Fulham v. Alltimes & Anor [2000] UKEAT 659_00_0706 (7 June 2000)

Hammersmith & Fulham v. Alltimes & Anor [2000] UKEAT 659_00_0706 (7 June 2000)

The Employment Tribunal's finding of race discrimination was based solely on a misconstruction of the harassment procedure as mandatory rather than discretionary, constituting an error of law. The inference of discrimination was not plainly and unarguably right notwithstanding this misdirection, requiring the decision to be set aside and the case remitted for rehearing.

Citation
[2000] UKEAT 659_00_0706
Parties
Appellants: London Borough of Hammersmith & Fulham and Mr Alltimes; Respondent: Ms Ezeonyim
Jurisdiction
United Kingdom
Judgment Date
07 June 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision set aside; case remitted for rehearing before a differently constituted Tribunal.
Legal Topics
Race Discrimination, Victimisation, Harassment Procedures, Employment Tribunal Procedure
Employment Law Discrimination Law Race Discrimination Victimisation Harassment Procedures Employment Tribunal Procedure

Case Brief

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Parties

London Borough of Hammersmith & Fulham and Mr Alltimes

Appellants

Ms Ezeonyim

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by misconstruing the harassment procedure and finding race discrimination and victimisation against the respondent
  2. 2 Whether the failure to transfer the alleged harasser constituted a breach of procedure amounting to discrimination

Ratio Decidendi

The Employment Tribunal's finding of race discrimination was based solely on a misconstruction of the harassment procedure as mandatory rather than discretionary, constituting an error of law. The inference of discrimination was not plainly and unarguably right notwithstanding this misdirection, requiring the decision to be set aside and the case remitted for rehearing.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside; case remitted for rehearing before a differently constituted Tribunal.

Orders

  • The appeal is allowed.
  • The decision of the Employment Tribunal is set aside.