Remploy Ltd v Campbell & Anor (Race Discrimination : Vicarious liability) [2013] UKEAT 0550_12_1911 (19 November 2013)

Remploy Ltd v Campbell & Anor (Race Discrimination : Vicarious liability) [2013] UKEAT 0550_12_1911 (19 November 2013)

The Employment Tribunal failed to address whether Redbridge acted on behalf of Remploy or for its benefit when terminating Mr Campbell's placement, and did not properly consider the legal requirements for implied authority and ratification. This constituted an error of law, requiring the matter to be remitted for determination on a proper legal basis.

Citation
[2013] UKEAT 0550_12_1911
Parties
Appellant: Remploy Ltd; First Respondent: J Campbell; Second Respondent: London Borough of Redbridge
Jurisdiction
United Kingdom
Judgment Date
19 November 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; matter remitted to Employment Tribunal for reconsideration.
Legal Topics
Race Discrimination, Vicarious Liability, Agency, Ratification
Employment Law Equality Law Race Discrimination Vicarious Liability Agency Ratification

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Parties

Remploy Ltd

Appellant

J Campbell

First Respondent

London Borough of Redbridge

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether Remploy was liable as principal for the discriminatory acts of Redbridge as agent under s 32(2) Race Relations Act 1976
  2. 2 Whether Redbridge acted with implied authority or ratification from Remploy
  3. 3 Whether the Employment Tribunal applied the correct legal tests for agency and ratification

Ratio Decidendi

The Employment Tribunal failed to address whether Redbridge acted on behalf of Remploy or for its benefit when terminating Mr Campbell's placement, and did not properly consider the legal requirements for implied authority and ratification. This constituted an error of law, requiring the matter to be remitted for determination on a proper legal basis.

Court Disposition

Appeal allowed; matter remitted to Employment Tribunal for reconsideration.

Orders

  • Remit to same Employment Tribunal to determine implied authority and/or ratification on proper legal basis after hearing further evidence and argument.