Tribunal's Remedy Decision Upheld in Race Discrimination Case: Okeze v Cygnet Healthcare
The EAT has upheld an Employment Tribunal's decision to address the matter of remedy at the same time as liability in a race discrimination case brought by Miss Shirley Okeze against Cygnet Healthcare.
• public
Employment Tribunal Remedy Ruling Upheld
The Employment Appeal Tribunal (EAT) has dismissed an appeal by Miss Shirley Okeze against a decision by the Employment Tribunal (ET) regarding remedy in a race discrimination case against Cygnet Healthcare Limited. The core issue was whether the ET erred in deciding the matter of remedy at the same time as liability, after partially upholding the claimant’s complaint.
Background of the Case
Miss Okeze, formerly on the bank of support staff at Wallace Hospital in Dundee (part of Cygnet Healthcare), claimed her engagement was unfairly terminated due to race discrimination. She initially raised claims of wrongful dismissal, disability discrimination and unpaid wages. By the time of the full hearing, only the race discrimination complaint remained.
Key Tribunal Findings
The ET found in favour of Miss Okeze on two counts of direct race discrimination: the failure to investigate her concerns and the provision of an inaccurate reference to a prospective employer. However, it only awarded £3,000 (plus interest) for injured feelings, denying compensation for financial loss due to a lack of supporting evidence presented by the claimant.
Grounds of Appeal and EAT Decision
Miss Okeze, representing herself, argued that the ET erred by addressing remedy when it was not explicitly listed as an issue. She also claimed her representative had requested to defer the financial loss matter to a later hearing.
Judge Barry Clarke of the EAT dismissed both grounds of appeal. The EAT determined that the formal list of issues had evolved over time, making the initial document obsolete. It was noted that the notice of hearing had made explicit that remedy would be addressed. The EAT stated the claimant had failed to produce sufficient evidence of financial loss during the initial hearing, and found the ET was correct in its approach, pointing out she had been professionally represented throughout, and could have presented further evidence at the hearing.
Split Hearings and Lists of Issues
The EAT judgment also provided insightful observations on split hearings and lists of issues in employment tribunals. In Scotland, liability and remedy are typically addressed together unless otherwise ordered. Lists of issues are considered crucial case management tools, assisting in clarifying and structuring proceedings.
Ultimately, the EAT found no material procedural irregularity or unfairness in the ET’s decision to adjudicate on remedy during the initial hearing.
Read the entire judgement here:Miss Shirley Okeze v Cygnet Health Care Ltd [2025] EAT 88
