D' Silva v Manchester Metropolitan University [2011] EWCA Civ 36 (01 February 2011)

D' Silva v Manchester Metropolitan University [2011] EWCA Civ 36 (01 February 2011)

There was no error of law by the Employment Appeal Tribunal in dismissing Dr D'Silva's grounds of appeal (other than the adjournment issue). The employment tribunal was entitled to find no less favourable treatment and no evidence of bias. The refusal to allow cross-examination on the Vice-Chancellor's thought processes was not material, as the tribunal had already found no less favourable treatment. New grounds of appeal based on earlier case management directions were not arguable and could have been raised earlier. There was no arguable case of apparent bias or procedural unfairness.

Citation
[2011] EWCA Civ 36
Parties
Appellant: Dr Claudius D'Silva; Respondent: Manchester Metropolitan University
Jurisdiction
England and Wales
Judgment Date
01 February 2011
Procedural Posture
Employment Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
Permission to appeal refused on all grounds.
Legal Topics
Race Discrimination, Direct Discrimination, Bias in Tribunal Proceedings, Case Management in Employment Tribunals, Procedural Fairness
Employment Law Discrimination Law Race Discrimination Direct Discrimination Bias in Tribunal Proceedings Case Management in Employment Tribunals Procedural Fairness

Case Brief

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Parties

Dr Claudius D'Silva

Appellant

Manchester Metropolitan University

Respondent

Procedural Posture

Employment Appeal / Renewed Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal erred in dismissing grounds of appeal other than the adjournment issue
  2. 2 Whether the employment tribunal's conduct amounted to apparent bias
  3. 3 Whether refusal to allow cross-examination of the Vice-Chancellor on thought processes was an error of law

Ratio Decidendi

There was no error of law by the Employment Appeal Tribunal in dismissing Dr D'Silva's grounds of appeal (other than the adjournment issue). The employment tribunal was entitled to find no less favourable treatment and no evidence of bias. The refusal to allow cross-examination on the Vice-Chancellor's thought processes was not material, as the tribunal had already found no less favourable treatment. New grounds of appeal based on earlier case management directions were not arguable and could have been raised earlier. There was no arguable case of apparent bias or procedural unfairness.

Court Disposition

Permission to appeal refused on all grounds.