Onu v Akwiwu & Anor
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE MAURICE KAY
- LORD JUSTICE UNDERHILL
Areas of Law
- Employment Law
- Human Rights Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
Ms Onu and Mrs Taiwo alleged mistreatment and racial discrimination by their employers. The appeal court held the mistreatment did not constitute racial discrimination, and upheld proscribing post-employment victimization under the Equality Act 2010.
Judgment
Lord Justice Underhill :
INTRODUCTION
We are concerned with two appeals arising out of broadly similar situations. In both cases the Claimant is a Nigerian woman who came to this country on a migrant domestic worker visa, to work as a domestic servant for a couple living here. Ms Onu was employed by Mr and Mrs Akwiwu (Mr Akwiwu being Nigerian and Mrs Akwiwu Ugandan) and Mrs Taiwo by Mr and Mrs Olaigbe (who were both Nigerian). Both were very badly treated by their employers. In addition to being denied a number of specific employment rights they were subjected to abuse and exploitation of various kinds.
With the assistance of the North Kensington Law Centre, and latterly its offshoot, the Anti Trafficking and Labour Exploitation Unit (“ATLEU”), who have supported a number of other such claims, both Claimants brought (separate) proceedings in the Employment Tribunal for racial discrimination, failure to pay the national minimum wage (“the NMW”), breach of the Working Time Regulations 1998 and failure to provide written particulars of employment. Ms Onu also brought claims for unfair dismissal, racial harassment and victimisation.
Ms Onu’s claim was heard by an Employment Tribunal in Watford chaired by Employment Judge Ryan. Mrs Taiwo’s claim was heard by a Tribunal at London South, chaired by Employment Judge Martin. In both cases all the claims were upheld save for, in Ms Onu’s case, her claim for victimisation and, in Mrs Taiwo’s, her claim for racial discrimination, both of which were dismissed. The total award to Ms Onu was £89,683.38, which incorporated an award of £25,000 for injury to feelings, together with £5,000 by way of “aggravated damages”. The award to Mrs Taiwo was £33,228.85.
Ms Onu appealed against the dismissal of her victimisation claim. Mr and Mrs Akwiwu cross-appealed against the findings of liability on the discrimination and harassment and NMW claims. Mrs Taiwo appealed against the dismissal of her discrimination claim. The appeals were heard back-to-back in the Employment Appeal Tribunal, the President, Langstaff J, presiding, though separate decisions were given: see [2013] ICR 770 and [2013] ICR 1039 .
The appeals on the discrimination and victimisation claims gave rise to two important points of principle about the application of the relevant statutory provisions in cases of the present kind:
(1) The immigration status point . In neither case was the Claimant treated in the way that she was because she was Nig