Employment
Boohene and others v The Royal Parks Ltd [2024] EWCA Civ 583, [2024] All ER (D) 106 (May)
The Court of Appeal, Civil Division, dismissed the claimant’s appeal on the basis of the arguments raised in the respondent’s notice. The respondent was the charity responsible for the management of the Royal Parks through contract workers. The appellants were 16 contract workers with the respondent. They brought a claim at the employment tribunal (ET) for indirect racial discrimination contrary to s 41 of the Equality Act 2010 (EqA 2010). The alleged discrimination consisted of failure to pay the appellants, as contract workers, the London Living Wage (LLW). The ET allowed the claim and the EAT overturned the decision. The appellants appealed. By a respondent’s notice, the respondent sought to revive three of its grounds which the EAT rejected. The court held, among other things, that the discrimination complained of by the appellants had not fallen within the scope of s 41(1). The appellants could have no claim against the respondent under s 41 because the discrimination which they alleged related to the remuneration
