Fosh v Cardiff University: EAT 23 Jan 2008

The professor had sought time off to represent another lecturer claiming race discrimination against the University. The University said that her behaviour created a conflict of interest with the University. She continued and herself claimed victimisation. After the case failed, she was herself suspended, and her email account searched from which further disciplinary charges were laid. The Tribunal had found her subsequent dismissal procedurally fair, and that the University’s objection of conflict had been proper. The Tribunal had correctly applied the law. The appeal failed.


Peter Clark J


[2008] UKEAT 0412 – 07 – 2301




European Convention on Human Rights 8, Race Relations Act 1976 2 54A, Employment Rights Act 1996, Regulation of Investigating Powers Act 2000


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CitedAziz v Trinity Street Taxis Ltd CA 26-Feb-1988
An Asian member of the respondent association of taxi cab operators secretly recorded conversations with other members to gather evidence for a claim under the Act. He was expelled from the association for this conduct. He alleged race . .
CitedChief Constable of West Yorkshire Police v Khan HL 11-Oct-2001
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CitedOyarce v Cheshire County Council EAT 13-Jun-2007
EAT Victimisation
Burden of proof
Appeal – Perversity challenge on finding important for remedy.
Cross-Appeal – Did ET misdirect itself on burden of proof on victimisation claim.
As a . .
CitedMadarassy v Nomura International Plc CA 26-Jan-2007
The claimant appealed against adverse findings on her claims of sex discrimination. The court considered questions arising from the provisions relating to the transfer of the burden of proof in a discrimination case.
Held: Questions of the . .
CitedCopland v The United Kingdom ECHR 3-Apr-2007
The applicant had been an employee. In the course of a dispute with her employer, she discovered that the principal had been collecting information about her telephone calls, emails and internet usage.
Held: The collection of such material . .
CitedX v Y (Employment: Sex Offender) CA 28-May-2004
The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and . .

Cited by:

CitedFosh v Cardiff University CA 3-Feb-2009
Oral application for permission to appeal. Leave Refused. No error of law was identified. The judge refusing leave had warned the claimant as to the possibility of a costs order if she persisted. . .
At EATFosh v Cardiff University CA 29-Sep-2009
The University sought the costs of having attended at an oral renewal of application for leave to appeal.
Held: The professor had gone ahead despite a warning about it not being justified. She had prepared extensive grounds for the appeal. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, Human Rights

Updated: 13 July 2022; Ref: scu.263973