Age and Race Discrimination Claim Fails: Smith v John Raymond Transport Ltd
The EAT dismissed an appeal by Mr. R Smith, upholding an earlier tribunal decision against his claims of age and race discrimination and harassment against John Raymond Transport Ltd.
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Employment Appeal Tribunal Upholds Dismissal of Discrimination Claim
The Employment Appeal Tribunal (EAT) has rejected an appeal by Mr. R Smith against the decision of an Employment Tribunal, which had previously dismissed his claims of harassment and direct discrimination related to age and race against John Raymond Transport Ltd. The original case centred around Mr. Smith's brief employment with the transport company in December 2019.
Background of the Case
Mr. Smith, a HGV driver of Black Jamaican heritage, aged 77 at the time of the events, alleged that he experienced harassment and direct discrimination during his three days of employment with John Raymond Transport Ltd. His claims included allegations about being denied hot water, discriminatory remarks, and an unfair dismissal.
Tribunal's Findings
The Employment Tribunal carefully considered each allegation, finding that Mr. Smith's dismissal was due to concerns about his driving performance raised by other drivers. The tribunal preferred the respondent's witness evidence and found that the dismissal was based on genuine concerns about driving competency.
The Appeal
Mr. Smith appealed the decision, arguing that the tribunal had made a 'perverse' finding regarding a conversation between two employees. He also raised concerns about the identity of a witness at the original hearing. However, the EAT dismissed the appeal, finding that the tribunal's decision was adequately reasoned and not perverse. The EAT emphasised that it would not interfere with factual determinations made by a tribunal unless the facts found were demonstrably unreasonable.
EAT's Decision
Her Honour Judge Katherine Tucker, along with Mr. Desmond Smith and Ms. Virginia Branney, presided over the appeal. The EAT concluded that the Employment Tribunal's reasons were well-written, clearly structured, and impressively detailed, especially in scrutinising each allegation of discrimination and harassment. The appeal was dismissed, upholding the original tribunal's decision.
Read the entire judgement here: Mr R Smith v John Raymond Transport Ltd
