D' Silva v Manchester Metropolitan University

D' Silva v Manchester Metropolitan University

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 there was no less favourable treatment and thus no discrimination. The refusal to allow cross-examination of the Vice-Chancellor on...

Source-derived case information.

Parties
Appellant: Dr Claudius D’Silva; Respondent: Manchester Metropolitan University
Jurisdiction
England and Wales
Judgment Date
01 February 2011
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal From Employment Appeal Tribunal
Outcome
permission to appeal refused
Legal Topics
Race Discrimination, Direct Discrimination, Procedural Fairness, Apparent Bias, Case Management, Cross Examination, Grievance Procedures
Employment Law Discrimination Law Race Discrimination Direct Discrimination Procedural Fairness Apparent Bias Case Management Cross Examination +1 more

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Summary, issues, holding and outcome

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Parties

Dr Claudius D’Silva

Appellant

Manchester Metropolitan University

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal erred in dismissing grounds of appeal relating to alleged race discrimination and bias, apart from the adjournment issue.
  2. 2 Whether the employment tribunal's refusal to allow cross-examination of the Vice-Chancellor on her thought processes was an error of law.
  3. 3 Whether the conduct of the employment tribunal amounted to apparent bias against the appellant.

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 there was no less favourable treatment and thus no discrimination. The refusal to allow cross-examination of the Vice-Chancellor on her thought processes was not material, as the tribunal had already found no less favourable treatment. Allegations of apparent bias were unsupported by evidence and did not meet the legal threshold. New grounds of appeal could not be raised at this stage as they were not argued below and had no prospect of success.

Court Disposition

permission to appeal refused