Ryan v. E92 Plus Ltd [2000] UKEAT 960_99_0706 (7 June 2000)

Ryan v. E92 Plus Ltd [2000] UKEAT 960_99_0706 (7 June 2000)

The Tribunal's finding that the appellant was not concerned by the racially offensive term 'Uncle Tom' was perverse in light of its own findings that the appellant objected and found it offensive. The Tribunal failed to properly consider whether the conduct amounted to a detriment and misdirected itself in law.

Citation
[2000] UKEAT 960_99_0706
Parties
Appellant: Thomas Ryan; Respondent: Rakesh Gupta and Robert Gupta (trading as computer specialists)
Jurisdiction
United Kingdom
Judgment Date
07 June 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Tribunal's decision set aside; case remitted for re-trial by a differently constituted Tribunal.
Legal Topics
Racial Discrimination, Wrongful Dismissal, Workplace Harassment, Employment Detriment
Employment Law Discrimination Law Racial Discrimination Wrongful Dismissal Workplace Harassment Employment Detriment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Thomas Ryan

Appellant

Rakesh Gupta and Robert Gupta (trading as computer specialists)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the appellant was subjected to unlawful racial discrimination by the respondents
  2. 2 Whether the appellant was wrongfully dismissed
  3. 3 Whether the Employment Tribunal's findings were perverse or misdirected in law

Ratio Decidendi

The Tribunal's finding that the appellant was not concerned by the racially offensive term 'Uncle Tom' was perverse in light of its own findings that the appellant objected and found it offensive. The Tribunal failed to properly consider whether the conduct amounted to a detriment and misdirected itself in law.

Court Disposition

Appeal allowed; Tribunal's decision set aside; case remitted for re-trial by a differently constituted Tribunal.

Orders

  • The appeal is upheld.
  • The matter is remitted for re-trial by a differently constituted Tribunal.