Camden & Ors v. Singh [2003] UKEAT 0294_03_3007 (30 July 2003)
The Tribunal was entitled to find that the Respondent's failure to investigate and address the Applicant's race discrimination complaint, and the subsequent harassment and intimidation by Mr Gruet, constituted less favourable treatment on racial grounds and amounted to a repudiatory breach of contract, justifying findings of racial discrimination and constructive dismissal.
- Citation
- [2003] UKEAT 0294_03_3007
- Parties
- Applicant: Raj Singh; First Respondent: London Borough of Camden; Second Respondent: Mr Richard Gruet
- Jurisdiction
- United Kingdom
- Judgment Date
- 30 July 2003
- Procedural Posture
- Employment Appeal / Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Constructive Dismissal, Racial Discrimination, Unfair Dismissal, Harassment, Equal Opportunity Policies
Case Brief
Summary, issues, holding and outcome
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Parties
Raj Singh
Applicant
London Borough of Camden
First Respondent
Mr Richard Gruet
Second Respondent
Procedural Posture
Employment Appeal / Appeal Judgment
Legal Issues
- 1 Whether the Applicant was constructively dismissed by the Respondent.
- 2 Whether the Applicant was subjected to racial discrimination by the Respondent and Mr Gruet.
- 3 Whether the Respondent's handling of the Applicant's complaint about Mr CR constituted less favourable treatment on racial grounds.
Ratio Decidendi
The Tribunal was entitled to find that the Respondent's failure to investigate and address the Applicant's race discrimination complaint, and the subsequent harassment and intimidation by Mr Gruet, constituted less favourable treatment on racial grounds and amounted to a repudiatory breach of contract, justifying findings of racial discrimination and constructive dismissal.
Court Disposition
Appeal dismissed
Orders
- The findings of constructive dismissal and racial discrimination in favour of the Applicant are upheld.
- No order as to the quantum of compensation, as there was no appeal on this issue.
Full Case Text
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