Khan v Royal Mail Group Ltd & Ors

Khan v Royal Mail Group Ltd & Ors

It is not seriously arguable that the EAT's exercise of discretion in refusing to allow the applicant to withdraw earlier concessions was flawed; however, permission to appeal is granted on the limited ground that the ET may have misdirected itself as to the burden of proof or given insufficient reasons in rejecting certain allegations.

Parties
Appellant: Khalid Khan; Respondent: Royal Mail Group Limited and Others
Jurisdiction
England and Wales
Judgment Date
19 December 2013
Procedural Posture
Employment Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted on limited grounds; refused on all other grounds.
Legal Topics
Burden of Proof, Harassment, Discrimination, Procedural Fairness, Appeal Procedure
Employment Law Discrimination Law Burden of Proof Harassment Discrimination Procedural Fairness Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Khalid Khan

Appellant

Royal Mail Group Limited and Others

Respondent

Procedural Posture

Employment Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal misdirected itself as to the burden of proof in rejecting allegations of harassment and discrimination
  2. 2 Whether the Employment Tribunal gave sufficient reasons for its conclusions
  3. 3 Whether the Employment Appeal Tribunal erred in refusing to allow the applicant to withdraw earlier concessions and advance wider grounds

Ratio Decidendi

It is not seriously arguable that the EAT's exercise of discretion in refusing to allow the applicant to withdraw earlier concessions was flawed; however, permission to appeal is granted on the limited ground that the ET may have misdirected itself as to the burden of proof or given insufficient reasons in rejecting certain allegations.

Court Disposition

Permission to appeal granted on limited grounds; refused on all other grounds.

Orders

  • Appeal to be heard by a constitution of three Lords/Lady Justices, one with employment law experience.
  • Time estimate for hearing is one day.