UPS Ltd v. Sammakia [2009] UKEAT 0199_09_0312 (3 December 2009)

UPS Ltd v. Sammakia [2009] UKEAT 0199_09_0312 (3 December 2009)

The Employment Tribunal erred in finding UPS Ltd liable for racial harassment based on acts by employees when the claimant's grievances and claims were only against management; it also erred in considering the graffiti incident as racial harassment when it was not pleaded or part of a continuing act. The Tribunal's findings exceeded the scope of the claimant's allegations and failed to properly apply legal principles limiting findings to pleaded matters.

Citation
[2009] UKEAT 0199_09_0312
Parties
Appellant: UPS Ltd; Respondent: Sam Sammakia
Jurisdiction
United Kingdom
Judgment Date
03 December 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; case remitted to the same Tribunal for reconsideration.
Legal Topics
Race Discrimination, Harassment, Statutory Defence, Jurisdiction, Continuing Acts
Employment Law Equality Law Race Discrimination Harassment Statutory Defence Jurisdiction Continuing Acts

Case Brief

Summary, issues, holding and outcome

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Parties

UPS Ltd

Appellant

Sam Sammakia

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding racial harassment by employees when the claim was only against management
  2. 2 Whether the Tribunal erred in considering acts not subject to written grievance or not part of continuing acts
  3. 3 Whether the statutory defence under section 32(3) Race Relations Act 1976 was correctly applied

Ratio Decidendi

The Employment Tribunal erred in finding UPS Ltd liable for racial harassment based on acts by employees when the claimant's grievances and claims were only against management; it also erred in considering the graffiti incident as racial harassment when it was not pleaded or part of a continuing act. The Tribunal's findings exceeded the scope of the claimant's allegations and failed to properly apply legal principles limiting findings to pleaded matters.

Court Disposition

Appeal allowed; case remitted to the same Tribunal for reconsideration.

Orders

  • Remit case to same Tribunal to reconsider judgment in light of appeal decision.
  • Employment Tribunal to decide whether to call for further evidence or decide on submissions.