Badara v Pulse Healthcare Ltd UKEAT/0210/18/BA

Appeal against the ET’s decision partially allowing the Claimant’s claim for unlawful deduction of wages, but dismissing his claims of unfair dismissal, direct and indirect discrimination on the grounds of race and/or nationality, victimisation, breach of contract and holiday pay. Appeal allowed in part.

The Claimant, a Nigerian national who had a right to work in the UK as a spouse of an EEA national resident in the UK, was employed by the Respondent. When the Claimant's UK Residence card expired, the Respondent did not provide work for the Claimant between the expiry date and the termination of his employment, on the basis that the Claimant had not provided the necessary evidence of his right to work in the UK during that period. The Claimant brought claims for unlawful deduction from wages during that period, and also for direct and indirect discrimination. The ET allowed the unlawful deduction claim for the period immediately before the termination of the Claimant's employment, but it distinguished the case of Okuoimose v City Facilities Management (UK) Limited and refused the other claims. The Claimant appealed, in relation to his claims for unlawful deduction of wages and of direct and indirect discrimination, on the issue of whether it was reasonable for the Respondent to require him to produce evidence of his right to work in the form of positive ECS (Employer Checking Services) checks from the Home Office.

The EAT held that the appeal in respect of the claim of direct discrimination would be dismissed; however, the appeal in respect of the claims for unlawful deductions and for indirect discrimination would be allowed, and the matter would be remitted to the same ET for reconsideration.

Published: 18/11/2019 12:06