Kyamanywa v London Borough of Hackney [2003] EWCA Civ 902 (05 June 2003)

Kyamanywa v London Borough of Hackney [2003] EWCA Civ 902 (05 June 2003)

The Employment Tribunal erred by failing to consider all relevant circumstances, including the applicant's absence and the interests of justice, when refusing to review its decision to dismiss the claim in her absence. The confusion over representation and lack of personal notice justified a review and rehearing.

Citation
[2003] EWCA Civ 902
Parties
Applicant/appellant: Ms Beata Kyamanywa; Respondent/respondent: London Borough of Hackney
Jurisdiction
England and Wales
Judgment Date
05 June 2003
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Race Discrimination, Sex Discrimination, Procedural Fairness, Representation in Tribunals, Review of Tribunal Decisions
Employment Law Civil Procedure Race Discrimination Sex Discrimination Procedural Fairness Representation in Tribunals Review of Tribunal Decisions

Case Brief

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Parties

Ms Beata Kyamanywa

Applicant/appellant

London Borough of Hackney

Respondent/respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to review its decision to dismiss the applicant's claim in her absence
  2. 2 Whether proper notice of hearing was given to the applicant
  3. 3 Whether the interests of justice required a review of the dismissal decision

Ratio Decidendi

The Employment Tribunal erred by failing to consider all relevant circumstances, including the applicant's absence and the interests of justice, when refusing to review its decision to dismiss the claim in her absence. The confusion over representation and lack of personal notice justified a review and rehearing.

Court Disposition

Appeal allowed

Orders

  • Case remitted to a freshly constituted Employment Tribunal for rehearing
  • No order as to costs, save detailed assessment of the appellant's costs