Pricewaterhouse Coopers LLP v. Popa [2010] UKEAT 0030_10_1210 (12 October 2010)

Pricewaterhouse Coopers LLP v. Popa [2010] UKEAT 0030_10_1210 (12 October 2010)

The Employment Tribunal erred in law by failing to consider and determine whether the claimant suffered a detriment as required by section 27A(2)(a) of the Race Relations Act 1976. The finding of unlawful victimisation was set aside and the claim remitted to the Tribunal to determine the detriment issue.

Citation
[2010] UKEAT 0030_10_1210
Parties
Appellant: Pricewaterhouse Coopers LLP; Respondent: Mihaela Popa
Jurisdiction
United Kingdom
Judgment Date
12 October 2010
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; finding of victimisation set aside; claim remitted to Tribunal to determine detriment.
Legal Topics
Race Discrimination, Victimisation, Burden of Proof, Post Employment Acts, References, Detriment, Extension of Time
Employment Law Discrimination Law Race Discrimination Victimisation Burden of Proof Post Employment Acts References Detriment +1 more

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Parties

Pricewaterhouse Coopers LLP

Appellant

Mihaela Popa

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding victimisation under the Race Relations Act 1976 for the provision of a code 1 reference instead of a code 2 reference after termination of employment
  2. 2 Whether the Tribunal failed to consider if the claimant suffered a detriment
  3. 3 Whether the Tribunal misapplied the burden of proof

Ratio Decidendi

The Employment Tribunal erred in law by failing to consider and determine whether the claimant suffered a detriment as required by section 27A(2)(a) of the Race Relations Act 1976. The finding of unlawful victimisation was set aside and the claim remitted to the Tribunal to determine the detriment issue.

Court Disposition

Appeal allowed; finding of victimisation set aside; claim remitted to Tribunal to determine detriment.

Orders

  • Finding of unlawful victimisation under the Race Relations Act 1976 set aside.
  • Victimisation claim remitted to the same Employment Tribunal to determine whether the employer's act of sending the reference subjected the claimant to a detriment.