Omooba v Michael Garrett Associates Ltd (t/a Global Artists) & Anor [2024] EAT 30 (05 March 2024)

Omooba v Michael Garrett Associates Ltd (t/a Global Artists) & Anor [2024] EAT 30 (05 March 2024)

The claimant's religious belief was not the reason for her dismissal or contract termination; decisions were based on commercial and artistic realities arising from adverse publicity and untenable participation. No discrimination or harassment was established. The claimant was in repudiatory breach of contract, negating damages. The costs award was justified as claims lacked reasonable prospects or were conducted unreasonably. The order restricting publication of hearing documents was within the tribunal's discretion.

Citation
[2024] EAT 30
Parties
Appellant: Seyi Omooba; First Respondent: Michael Garrett Associates Ltd (T/A Global Artists); Second Respondent: Leicester Theatre Trust Ltd
Jurisdiction
United Kingdom
Judgment Date
05 March 2024
Procedural Posture
Employment Appeal Tribunal / Appeal Judgment
Outcome
Appeal dismissed; cross-appeals dismissed
Legal Topics
Direct Discrimination, Harassment, Breach of Contract, Practice and Procedure, Costs, Use of Disclosed Documents
Employment Law Equality Law Contract Law Human Rights Law Direct Discrimination Harassment Breach of Contract Practice and Procedure +2 more

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Parties

Seyi Omooba

Appellant

Michael Garrett Associates Ltd (T/A Global Artists)

First Respondent

Leicester Theatre Trust Ltd

Second Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant suffered direct discrimination due to religious belief under Equality Act 2010
  2. 2 Whether the claimant was harassed under Equality Act 2010
  3. 3 Whether the claimant's contract was breached

Ratio Decidendi

The claimant's religious belief was not the reason for her dismissal or contract termination; decisions were based on commercial and artistic realities arising from adverse publicity and untenable participation. No discrimination or harassment was established. The claimant was in repudiatory breach of contract, negating damages. The costs award was justified as claims lacked reasonable prospects or were conducted unreasonably. The order restricting publication of hearing documents was within the tribunal's discretion.

Court Disposition

Appeal dismissed; cross-appeals dismissed

Orders

  • All claims dismissed
  • Costs award against claimant upheld