Khan & Anor v The Home Office

Khan & Anor v The Home Office

The applicants raised properly arguable points of law regarding the application of the burden of proof and the sufficiency of the respondent's explanations for alleged discriminatory treatment. Permission to appeal is granted as the grounds are not academic and have reasonable prospects of success.

Source-derived case information.

Parties
Applicant: Marti Khan; Applicant: Iris Odette King; Respondent: The Home Office
Jurisdiction
England and Wales
Judgment Date
05 November 2007
Procedural Posture
Employment Appeal / Application for Permission to Appeal From EAT to Court of Appeal
Outcome
Permission to appeal granted
Legal Topics
Unfair Dismissal, Race Discrimination, Sex Discrimination, Breach of Contract, Victimisation, Harassment, Protected Disclosures, Remedies
Employment Law Discrimination Law Unfair Dismissal Race Discrimination Sex Discrimination Breach of Contract Victimisation Harassment +2 more

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Parties

Marti Khan

Applicant

Iris Odette King

Applicant

The Home Office

Respondent

Procedural Posture

Employment Appeal / Application for Permission to Appeal From EAT to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal and EAT erred in law in their findings on pay, dismissal, special leave, and Civil Service Compensation Scheme payments in the context of race and sex discrimination.
  2. 2 Whether the burden of proof was properly applied under section 54A of the Race Relations Act 1976 and section 63A of the Sex Discrimination Act 1975.

Ratio Decidendi

The applicants raised properly arguable points of law regarding the application of the burden of proof and the sufficiency of the respondent's explanations for alleged discriminatory treatment. Permission to appeal is granted as the grounds are not academic and have reasonable prospects of success.

Court Disposition

Permission to appeal granted

Orders

  • Applicants granted permission to appeal to the Court of Appeal
  • Applicants to prepare an amended appellants’ notice and, if desired, an expanded skeleton argument