Igbinake v Clarkson House Resident Care Home (t/a The Vicarage Residential Care Home) (Practice and Procedure : Appellate jurisdiction or Reasons or Burns-Barke) [2013] UKEAT 0072_12_1704 (17 April 2013)

No error of law was found in the Tribunal's approach to claims of direct race discrimination and constructive dismissal; the Tribunal's findings and reasoning were upheld.

Citation: [2013] UKEAT 0072_12_1704
Parties: Appellant Representative: Mr Igbinake; Respondent Representative: Mr Rees; Respondent: Peninsula Business Services Ltd
Jurisdiction: United Kingdom
Judgment Date: 17 April 2013
Procedural Posture: Employment Appeal Tribunal / Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Direct Race Discrimination, Constructive Dismissal, Costs, Appellate Jurisdiction

Employment Law Discrimination Law Direct Race Discrimination Constructive Dismissal Costs Appellate Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5

Parties

Mr Igbinake

Appellant Representative

Mr Rees

Respondent Representative

Peninsula Business Services Ltd

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Judgment

Legal Issues

1 Whether the Employment Tribunal erred in law in its approach to claims of direct race discrimination and constructive dismissal
2 Whether the Tribunal failed to address the issue of statement of terms and conditions
3 Whether the Tribunal's findings regarding employee status and bank staff were inconsistent

Ratio Decidendi

No error of law was found in the Tribunal's approach to claims of direct race discrimination and constructive dismissal; the Tribunal's findings and reasoning were upheld.

Court Disposition

Appeal dismissed

Orders

Claimant to pay Respondent's costs in the assessed sum of £150 within 28 days