Ali v First Quench Ltd [2001] EWCA Civ 446 (22 March 2001)

Ali v First Quench Ltd [2001] EWCA Civ 446 (22 March 2001)

The application for permission to appeal was refused because there was no arguable error of law in the tribunal's decision. The covert surveillance did not breach Article 8 ECHR in these circumstances, the Human Rights Act 1998 was not applicable retrospectively, and the findings of fact by the tribunal were not...

Source-derived case information.

Citation
[2001] EWCA Civ 446
Parties
Claimant/applicant: Mohammed Ben Ali; Defendant/respondent: First Quench Limited
Jurisdiction
England and Wales
Judgment Date
22 March 2001
Procedural Posture
Employment Appeal / Application for Permission to Appeal Out of Time From Employment Appeal Tribunal Decision
Outcome
Permission to appeal refused
Legal Topics
Unfair Dismissal, Racial Discrimination, Covert Surveillance, Right to Privacy, Article 8 ECHR, Gross Misconduct
Employment Law Human Rights Law Unfair Dismissal Racial Discrimination Covert Surveillance Right to Privacy Article 8 ECHR Gross Misconduct

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Summary, issues, holding and outcome

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Parties

Mohammed Ben Ali

Claimant/applicant

First Quench Limited

Defendant/respondent

Procedural Posture

Employment Appeal / Application for Permission to Appeal Out of Time From Employment Appeal Tribunal Decision

Legal Issues

  1. 1 Whether the applicant was unfairly dismissed
  2. 2 Whether the applicant was discriminated against on racial grounds
  3. 3 Whether covert surveillance breached Article 8 of the European Convention on Human Rights

Ratio Decidendi

The application for permission to appeal was refused because there was no arguable error of law in the tribunal's decision. The covert surveillance did not breach Article 8 ECHR in these circumstances, the Human Rights Act 1998 was not applicable retrospectively, and the findings of fact by the tribunal were not perverse or unsupported by evidence. The dismissal for gross misconduct was reasonable.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal out of time dismissed