Sukul-Lennard v Croydon Primary Care Trust [2003] EWCA Civ 1192 (22 July 2003)

Sukul-Lennard v Croydon Primary Care Trust [2003] EWCA Civ 1192 (22 July 2003)

Given the procedural nature of the case and the fact that the respondent's arguments were not considered by the EAT, the Court of Appeal set aside the EAT's decision and remitted the matter for a full hearing before a differently constituted EAT.

Citation
[2003] EWCA Civ 1192
Parties
Claimant/appellant: Sukul-Lennard; Defendant/respondent: Croydon Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
22 July 2003
Procedural Posture
Appeal From Employment Appeal Tribunal / Appeal to Court of Appeal (civil Division)
Outcome
Appeal allowed; EAT decision set aside; matter remitted to EAT for full hearing.
Legal Topics
Racial Discrimination, Striking Out Applications, Employment Tribunal Procedure, Appeals Process
Employment Law Civil Procedure Racial Discrimination Striking Out Applications Employment Tribunal Procedure Appeals Process

Case Brief

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Parties

Sukul-Lennard

Claimant/appellant

Croydon Primary Care Trust

Defendant/respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Appeal to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the Originating Application under rule 11(3)
  2. 2 Whether procedural safeguards under rule 4(8) were complied with
  3. 3 Whether the Tribunal properly considered medical evidence for adjournment

Ratio Decidendi

Given the procedural nature of the case and the fact that the respondent's arguments were not considered by the EAT, the Court of Appeal set aside the EAT's decision and remitted the matter for a full hearing before a differently constituted EAT.

Court Disposition

Appeal allowed; EAT decision set aside; matter remitted to EAT for full hearing.

Orders

  • Set aside the decision of the Employment Appeal Tribunal.
  • Direct that Mrs Sukul-Lennard's appeal from the Tribunal proceed to a full hearing before a differently constituted EAT.