The appellant sought to appeal a striking out of her complaint of race discrimination. She appealed from the Employment Appeal Tribunal which had rejected her appeal in its preliminary hearing procedure.
Held: The Court of Appeal had the power to return a case to the full Employment Appeal Tribunal so that it could hear and determine points necessary for the decision in the Appeal. An appeal from a decision under the preliminary hearing procedure risked matters coming to the Court of Appeal which would be better have been resolved before the appeal. This case was one such.
Judges:
Perter Gibson, Mance, Longmore LJJ
Citations:
Times 14-Aug-2003, [2003] EWCA Civ 1192
Links:
Statutes:
Civil Procedure Rules 52.10(2)(b)
Jurisdiction:
England and Wales
Citing:
Cited – Grady v HM Prison Service CA 11-Apr-2003
The applicant appealed striking out of her employment claims against the respondent. She had been made bankrupt after lodging her appeal to the EAT, and the EAT had held that she lacked standing to pursue her claim.
Held: Employment claims are . .
Appeal from – Sukul-Lennard v Croydon Primary Care Trust EAT 5-Nov-2002
. .
Cited by:
Cited – Lambe v 186K Ltd CA 29-Jul-2004
The claimant had been dismissed for redundancy, but the company had been found not to have consulted him properly, and he had therefore been unfairly dismissed. The tribunal had then found that even if consulted the result would not have been . .
See Also – Sukul-Lennard v Croydon Primary Care Trust CA 22-Jul-2003
. .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination, Civil Procedure Rules
Updated: 03 September 2022; Ref: scu.185657