Taiwo v Olaigbe and another & Onu v Akwiwu and another

Описание: [2016] UKSC 31

UKSC 2014/0105
Taiwo (Appellant) v Olaigbe and another (Respondents)

UKSC 2016/0024
Onu (Appellant) v Akwiwu and another (Respondents)

On appeal from the Court of Appeal (Civil division) (England and Wales)

The issue in these cases is whether mistreatment of a person because of their position as a vulnerable migrant domestic worker dependant on their employers for their continued employment and residence in the UK constitutes direct or indirect discrimination and/or harassment contrary to the Race Relations Act 1976 and the Equality Act 2010.

In the case of Taiwo v Olaigbe, the appellant is a Nigerian worker who came to the United Kingdom on a migrant domestic worker visa to work for the respondents. She was badly mistreated and brought claims for racial discrimination, failure to pay the national minimum wage, breach of the Working Time Regulations 1998 and failure to provide written particulars of employment. All her claims succeeded except for the claim for race discrimination.

In the case of Onu v Akwiwu, Ms Onu began to work for Mr and Mrs Akwiwu in Nigeria in 2007. When they came to the UK in 2008 they applied for a domestic worker visa for her. Ms Onu worked for them in London until June 2010 when she fled their home. During her employment she had responsibility for their older daughter, and was required to cook, clean, launder and iron. She did not have appropriate or separate accommodation of her own. Mr and Mrs Akwiwu took away Ms Onu’s passport and paid her between £50 and £150 per month. Ms Onu was subject to threats and abuse from Mr and Mrs Akwiwu. She was told that if she tried to run away she would be arrested and sent to prison, and was made to watch news stories about immigration issues. Ms Onu succeeded against her employers in her claims of unfair dismissal, victimisation, failure to pay minimum wage and unlawful deduction from wages. She appealed against the Court of Appeal’s finding that there was no discrimination.

The Supreme Court unanimously grants permission to appeal to Ms Onu but dismisses her appeal and Ms Taiwo’s appeal. It holds that Ms Taiwo and Ms Onu have not suffered race discrimination because the reason for their abuse by the respondents was not nationality but their vulnerability as a particular kind of migrant worker.