Hammond v International Network Services (UK) Ltd & Anor

Hammond v International Network Services (UK) Ltd & Anor

The application for permission to appeal was refused because the allegations of bias were wholly unsustainable on the material before the court, the arguments advanced were not supported by evidence, and the application was extensively out of time without sufficient justification.

Parties
Claimant/appellant: Eric Hammond; Defendant/respondent: International Network Services (UK) Ltd; Defendant/respondent: Thomas Kim
Jurisdiction
England and Wales
Judgment Date
15 September 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Employment Appeal Tribunal
Outcome
Application refused
Legal Topics
Unfair Dismissal, Race Discrimination, Bias in Tribunal Proceedings, Extension of Time
Employment Law Civil Procedure Unfair Dismissal Race Discrimination Bias in Tribunal Proceedings Extension of Time

Case Brief

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Parties

Eric Hammond

Claimant/appellant

International Network Services (UK) Ltd

Defendant/respondent

Thomas Kim

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal and Employment Appeal Tribunal proceedings were affected by actual or apparent bias
  2. 2 Whether there was justification for an extension of time to file the appeal
  3. 3 Whether the findings of fact by the Employment Tribunal were unsupported by evidence

Ratio Decidendi

The application for permission to appeal was refused because the allegations of bias were wholly unsustainable on the material before the court, the arguments advanced were not supported by evidence, and the application was extensively out of time without sufficient justification.

Court Disposition

Application refused

Orders

  • Application for permission to appeal refused
  • Copy of transcript of judgment to appellant at public expense