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Race discrimination: No protection for ex-employee appealing against dismissal

This report relates to 1 case(s)

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    Post Office v Adekeye (No.2) EAT/625/94 (2 other reports)

    • Ex-employee cannot complain

      Date:
      1 June 1995

      In The Post Office v Adekeye (No.2) the EAT has ruled that an employee who has been summarily dismissed has no separate remedy against being discriminated against in the conduct of an internal appeal hearing.

    • Ex-employee cannot complain about appeal

      Date:
      1 May 1995

      In Adekeye v The Post Office (No.2) (15 February 1995) EOR61D, the EAT rules that an employee who is summarily dismissed cannot bring a complaint alleging discrimination in the conduct of an internal appeal against the dismissal.

In The Post Office v Adekeye, the EAT holds that a black woman appealing against her summary dismissal was not "a person employed" within the meaning of s.4(2) of the Race Relations Act 1976 when her appeal was heard, nor was she an applicant for employment covered by s.4(1) of that Act. Thus, an industrial tribunal did not have jurisdiction to consider her complaint that she had been discriminated against on racial grounds at the appeal hearing.