Mensah v East Hertfordshire NHS Trust: CA 10 Jun 1998

An industrial tribunal should be helpful to litigants to help establish clearly whether issues which had been raised on the papers were not being pursued. An employee claiming racial discrimination but not pursuing it at the tribunal was not allowed to do so on appeal. The task of the Court of Appeal was not to test whether the decision of the tribunal was correct, but whether it could be shown to be wrong.
Peter Gibson LJ, Henry LJ and Sir Christopher Slade
Gazette 30-Sep-1998, [1998] EWCA Civ 954, [1998] IRLR 531
England and Wales
See AlsoMensah v East Hertfordshire NHS Trust EAT 13-May-1996
Leave to appeal granted. . .
CitedDivine-Bortey v London Borough of Brent CA 14-May-1998
The claimant had brought and lost an action relating to his dismissal by the defendant, who now appealed against an order that he was not estopped from bring a second claim on a different basis namely race discrimination, disapplying the rule in . .

Cited by:
CitedColen and Another v Cebrian (UK) Limited CA 20-Nov-2003
The company paid the claimant sales commission. Part was diverted and paid to his wife to reduce the tax payable. The employer had appealed a finding of unfair disamissal, the company arguing that the contract was illegal.
Held: The contract . .
CitedSwallow Security Services Ltd v Millicent EAT 19-Mar-2009
EAT UNFAIR DISMISSAL: Contributory fault
The employers dismissed the employee after a bogus redundancy exercise, after she had knowingly taken paid holiday in excess of her holiday allowance and failed to . .
ExplainedMuschett v HM Prison Service CA 2-Feb-2010
The claimant had been employed through an employment agency to carry out work for the respondent. He appealed against dismissal of his appeal against a ruling that he was not a worker for the respondent under the 1996 Act. He said that the . .
CitedDrysdale v The Department of Transport (The Maritime and Coastguard Agency) CA 31-Jul-2014
The claimant had been represented at his claim before the employment tribunal by his wife, acting as a lay representative. She asked to be allowed to withdraw the complaint. Without asking her, the complaint was dismissed, and costs awarded against . .
CitedStoke On Trent City Council v Savigar (Debarred) EAT 15-May-2015
EAT Unfair Dismissal – PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity – UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal
Though the Claimant’s complaint was that . .

These lists may be incomplete.
Updated: 31 December 2020; Ref: scu.144433