Hammond v International Network Services (UK) Ltd & Anor [2005] EWCA Civ 1186 (15 September 2005)

Hammond v International Network Services (UK) Ltd & Anor [2005] EWCA Civ 1186 (15 September 2005)

The allegations of bias, both actual and apparent, were wholly unsustainable on the material before the court; the findings of fact by the Employment Tribunal were not subject to review absent errors of law, and no such errors were present; the application was extensively out of time and lacked sufficient merit to...

Source-derived case information.

Citation
[2005] EWCA Civ 1186
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
Application for Permission to Appeal / Court of Appeal (civil Division), Post Employment Appeal Tribunal Decision
Outcome
Application refused
Legal Topics
Unfair Dismissal, Race Discrimination, Judicial Bias, Extension of Time
Employment Law Discrimination Law Civil Procedure Unfair Dismissal Race Discrimination Judicial Bias Extension of Time

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Parties

Eric Hammond

Claimant/appellant

International Network Services (UK) Ltd

Defendant/respondent

Thomas Kim

Defendant/respondent

Procedural Posture

Application for Permission to Appeal / Court of Appeal (civil Division), Post Employment Appeal Tribunal Decision

Legal Issues

  1. 1 Whether there was actual or apparent bias by the Employment Tribunal
  2. 2 Whether findings of fact by the Employment Tribunal were unsupported by evidence
  3. 3 Whether extension of time for appeal should be granted

Ratio Decidendi

The allegations of bias, both actual and apparent, were wholly unsustainable on the material before the court; the findings of fact by the Employment Tribunal were not subject to review absent errors of law, and no such errors were present; the application was extensively out of time and lacked sufficient merit to justify an extension.

Court Disposition

Application refused

Orders

  • Copy of transcript of judgment to appellant at public expense