Photo of Daniel Matovu successful in Court of Appeal Employment Claim

Daniel Matovu successful in Court of Appeal Employment Claim

Date: March 26, 2019

A black consultant general surgeon brought claims before an employment tribunal against the Respondent NHS Foundation Trust and was successful in part in respect of claims for direct race discrimination, victimisation and unfair dismissal. The EAT allowed the Respondent’s appeal against the consultant’s successful claims, substituting a decision that the claims for direct race discrimination and victimisation be dismissed and the claim for unfair dismissal be remitted to a differently constituted ET.

On appeal to the Court of Appeal the Appellant was represented by Daniel Matovu (instructed under the Public Access Scheme) and the Respondent by David Reade QC and Seamus Sweeney (instructed by DAC Beachcroft LLP).

Daniel successfully argued in relation to the direct discrimination claim that the EAT had failed to appreciate that the ET had properly applied the statutory provisions reversing the burden of proof and wrongly criticised the ET for engaging in an unjustified leap of reasoning and incorrectly identifying the characteristics of a hypothetical comparator; that the EAT had wrongly interfered with the ET’s conclusion upholding the victimisation claim; and in relation to the unfair dismissal claim that the EAT had misunderstood the effect of the decision in McAdie v Royal Bank of Scotland [2008] ICR 1087.

In a judgment handed down today the Court of Appeal (Davis and Singh LJJ and Sir Jack Beatson) allowed the appeal against each of the claims under consideration and fully restored the ET’s determinations in the Appellant’s favour.

A copy of the judgment can be viewed here: Iwuchukwu v City Hospitals Sunderland NHS Foundation Trust [2019] EWCA Civ 498.