At the Tribunal | |
Before
HIS HONOUR JUDGE D PUGSLEY
MISS N AMIN
MR G LEWIS
APPELLANT | |
(2) MR J WARD (3) MR M CLUTTEN |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
For the Appellant | MR A MILLAR THE APPELLANT IN PERSON |
For the Respondents | MR PETER WARD (of Counsel) Instructed By: Messrs Levenes Solicitors Bedford House 125-133 Camden High Street London NW1 7JR |
JUDGE D PUGSLEY:
Race Discrimination
(1) The tribunal failed to address or make findings of primary fact on the whole of the Applicant's claim it improperly restricted its enquiry to a racial comment about the Appellant's Scottish accent made at the disciplinary hearing, but failed to consider or determine:
(a) the differential treatment between the Appellant and Mr Dooher who was the other employee involved in the altercation,
(b) whether the Respondent's explanation for the difference in treatment was satisfactory
(c) the other comments of a racial nature made by employees of the Respondent (some of which were admitted in evidence) whether as
(i) part of a continuing act culminating in the Appellant's disciplinary (procedure) and dismissal or;
(ii) part of the totality of the evidence from which the tribunal ought to draw inferences.
(2) It is suggested that the Tribunal failed to make findings and conclusions about a series of racial comments alleged to have been made by employees of the Respondent and assess whether the fairness of the decision to dismiss was tainted by racial discrimination and/or bias on the part of Mr Clutton and Mr Ward of the Respondents.
Unfair Dismissal
The gist of these grounds of appeal were that the tribunal had failed to consider the extent to which the dismissal was tainted by racial discrimination; failed to take into account the evidence of Mr Ward that his mind was 90% made up; failed to consider the extent to which it had erred in adopting its own procedure and that its finding that the Appellant was given the opportunity to be represented was perverse.
"The first respondent's administrative resources were poor. There were only three full-time employees, a part-timer and a cleaner. The management committee included a number of volunteers who were unpaid. The project was run on a shoestring and relied on various grants and voluntary help. Ironically, whenever the management committee required help or advice in administrative or employment matters, it was the applicant to whom they turned. He was an expert."
Race Discrimination
"We are further satisfied that the applicant suffered no other detriment in respect of the words uttered by Mr Ward or in respect of remarks made by Mr Clutten concerning the fact that the Applicant is Scottish. In particular, we are satisfied that comments made about his being Scottish or about his accent had anything to do with his dismissal."
From the context the last sentence seems to have missed the word "not" out.