Forson v Governing Body of Harwich School & Ors UKEATPA/0660/09/DM

Appeal against decision that the claimant was not dismissed "on the grounds of race", instead that the issue was related to his race. Appeal dismissed.

The black Claimant was employed as a maths teacher subject to a policy for dealing with classroom disruption and racism which counselled against public confrontation with pupils. He did not follow the policy and was given a final warning. He did not change and was dismissed. The Employment Tribunal did not err when it defined the issue as relating to “his race” rather than “on grounds of race”. The former is narrower than the latter but both are correct according to how the issue was defined. On the facts the Employment Tribunal was entitled to dismiss the claims.

Published: 25/01/2010 19:03

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