Gaurilcikiene v Tesco Stores Ltd

Gaurilcikiene v Tesco Stores Ltd

There was no procedural irregularity as the applicant's representative had the opportunity to address the new case and did not do so; the earlier tribunal decision was not binding on the issue of receipt; and the alternative finding of administrative error meant no substantial injustice occurred.

Parties
Applicant: Gaurilcikiene; Respondent: Tesco Stores Ltd
Jurisdiction
England and Wales
Judgment Date
10 July 2014
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Procedural Irregularity, Employment Tribunal Procedure
Employment Law Discrimination Law Race Discrimination Procedural Irregularity Employment Tribunal Procedure

Case Brief

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Parties

Gaurilcikiene

Applicant

Tesco Stores Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal's handling of the grievance letter amounted to procedural irregularity
  2. 2 Whether the Employment Judge Sage's decision was binding on the issue of receipt of the grievance letter
  3. 3 Whether the Tribunal's acceptance of Tesco's new case at hearing was unfair

Ratio Decidendi

There was no procedural irregularity as the applicant's representative had the opportunity to address the new case and did not do so; the earlier tribunal decision was not binding on the issue of receipt; and the alternative finding of administrative error meant no substantial injustice occurred.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.