Sukul-Lennard v Croydon Primary Care Trust

Sukul-Lennard v Croydon Primary Care Trust

Given the procedural nature of the case and the fact that the respondent's arguments have not yet been considered by the EAT, the appropriate order is to set aside the EAT's decision and remit the matter for a full hearing before a differently constituted EAT.

Parties
Claimant/appellant: Sukul-Lennard; Defendant/respondent: Croydon Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
22 July 2003
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal Preliminary Hearing
Outcome
Appeal allowed; EAT decision set aside; matter remitted to EAT for full hearing
Legal Topics
Striking Out Applications, Racial Discrimination, Tribunal Procedure, Appeal Process
Employment Law Civil Procedure Striking Out Applications Racial Discrimination Tribunal Procedure Appeal Process

Case Brief

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Parties

Sukul-Lennard

Claimant/appellant

Croydon Primary Care Trust

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the Originating Application under rule 11(3)
  2. 2 Whether the procedural safeguards under rule 4(8) were complied with
  3. 3 Whether the Tribunal was justified in rejecting medical evidence supporting an adjournment

Ratio Decidendi

Given the procedural nature of the case and the fact that the respondent's arguments have not yet been considered by the EAT, the appropriate order is to set aside the EAT's decision and remit 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 the EAT