Hammonds LLP & Ors v Mwitta [2010] UKEAT 0026_10_0110 (1 October 2010)

Hammonds LLP & Ors v Mwitta [2010] UKEAT 0026_10_0110 (1 October 2010)

The Employment Tribunal misdirected itself in law by applying the wrong test for shifting the burden of proof in race discrimination claims, inferring discrimination where only a possibility existed, and by finding unfair dismissal solely due to breach of section 188 TULR(C)A despite no loss to the claimant. The findings of race discrimination and unfair dismissal are set aside. The race discrimination claim is remitted for rehearing before a differently constituted Employment Tribunal.

Citation
[2010] UKEAT 0026_10_0110
Parties
Appellants: Hammonds LLP and three partners (Mr Glover, Mr Jones, Mr Pike); Respondent: Ms Mwitta
Jurisdiction
United Kingdom
Judgment Date
01 October 2010
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; findings of race discrimination and unfair dismissal set aside; race discrimination claim remitted for rehearing before a differently constituted Employment Tribunal; unfair dismissal claim dismissed.
Legal Topics
Race Discrimination, Burden of Proof, Unfair Dismissal, Procedural Fairness, Redundancy, Protective Award
Employment Law Discrimination Law Race Discrimination Burden of Proof Unfair Dismissal Procedural Fairness Redundancy Protective Award

Case Brief

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Parties

Hammonds LLP and three partners (Mr Glover, Mr Jones, Mr Pike)

Appellants

Ms Mwitta

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal misapplied the burden of proof under Race Relations Act 1976 section 54A in finding race discrimination
  2. 2 Whether the Employment Tribunal erred in inferring discrimination from the facts
  3. 3 Whether the Employment Tribunal erred in finding unfair dismissal based on breach of section 188 TULR(C)A despite no loss to the claimant

Ratio Decidendi

The Employment Tribunal misdirected itself in law by applying the wrong test for shifting the burden of proof in race discrimination claims, inferring discrimination where only a possibility existed, and by finding unfair dismissal solely due to breach of section 188 TULR(C)A despite no loss to the claimant. The findings of race discrimination and unfair dismissal are set aside. The race discrimination claim is remitted for rehearing before a differently constituted Employment Tribunal.

Court Disposition

Appeal allowed; findings of race discrimination and unfair dismissal set aside; race discrimination claim remitted for rehearing before a differently constituted Employment Tribunal; unfair dismissal claim dismissed.

Orders

  • Finding of race discrimination set aside
  • Finding of unfair dismissal set aside