Thomas v Tiny Opus Computers [2001] EWCA Civ 1909 (29 November 2001)

Thomas v Tiny Opus Computers [2001] EWCA Civ 1909 (29 November 2001)

The applicant failed to demonstrate any error of law by the Employment Tribunal or the EAT; the grounds of appeal related to factual findings and case management, which do not amount to errors of law. The application for permission to appeal out of time and the application for permission to appeal the refusal of a review both lacked real prospects of success.

Citation
[2001] EWCA Civ 1909
Parties
Applicant: Allieu Thomas; Respondent: Tiny Opus Computers
Jurisdiction
England and Wales
Judgment Date
29 November 2001
Procedural Posture
Employment Appeal / Application for Permission to Appeal Out of Time From EAT Decision
Outcome
Application refused
Legal Topics
Racial Discrimination, Constructive Dismissal, Tribunal Procedure, Appeal Out of Time
Employment Law Discrimination Law Racial Discrimination Constructive Dismissal Tribunal Procedure Appeal Out of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Allieu Thomas

Applicant

Tiny Opus Computers

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding no unlawful racial discrimination against the applicant
  2. 2 Whether the refusal to allow certain evidence or cross-examination amounted to an error of law
  3. 3 Whether the refusal of a review by the EAT was lawful

Ratio Decidendi

The applicant failed to demonstrate any error of law by the Employment Tribunal or the EAT; the grounds of appeal related to factual findings and case management, which do not amount to errors of law. The application for permission to appeal out of time and the application for permission to appeal the refusal of a review both lacked real prospects of success.

Court Disposition

Application refused

Orders

  • Permission to appeal out of time refused
  • Permission to appeal refusal of review refused