Post Office & Anor v Chin [1998] UKEAT 162_97_2402 (24 February 1998)

Post Office & Anor v Chin [1998] UKEAT 162_97_2402 (24 February 1998)

The Industrial Tribunal was entitled to find, based on Mr Chin's evidence, that racial harassment continued after 18th May 1995 and that the Post Office failed to take all reasonable steps to prevent it, making the Post Office liable. Mr Cook was not personally liable as there was no basis for individual liability under the statute.

Citation
[1998] UKEAT 162_97_2402
Parties
Appellant: Post Office; Appellant: Mr Cook; Respondent: Mr Chin
Jurisdiction
United Kingdom
Judgment Date
24 February 1998
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
Appeal by Mr Cook allowed; appeal by Post Office dismissed
Legal Topics
Racial Discrimination, Harassment at Work, Vicarious Liability
Employment Law Equality Law Racial Discrimination Harassment at Work Vicarious Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Post Office

Appellant

Mr Cook

Appellant

Mr Chin

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the Post Office was liable for racial harassment of Mr Chin after 18th May 1995
  2. 2 Whether Mr Cook was personally liable for racial discrimination

Ratio Decidendi

The Industrial Tribunal was entitled to find, based on Mr Chin's evidence, that racial harassment continued after 18th May 1995 and that the Post Office failed to take all reasonable steps to prevent it, making the Post Office liable. Mr Cook was not personally liable as there was no basis for individual liability under the statute.

Court Disposition

Appeal by Mr Cook allowed; appeal by Post Office dismissed

Orders

  • Mr Cook fully exonerated and not personally liable for racial discrimination
  • Post Office remains liable for racial harassment of Mr Chin after 18th May 1995