Butt v Home Department [2002] EWCA Civ 783 (26 April 2002)

Butt v Home Department [2002] EWCA Civ 783 (26 April 2002)

The Employment Appeal Tribunal was entitled to find that the Employment Tribunal erred in law by making inconsistent findings on the reasons for not sending the application pack, and was justified in reversing the decision rather than remitting it.

Citation
[2002] EWCA Civ 783
Parties
Applicant: Mr S A Butt; Respondent: The Home Department
Jurisdiction
England and Wales
Judgment Date
26 April 2002
Procedural Posture
Employment Appeal / Application for Permission to Appeal to Court of Appeal From EAT Decision
Outcome
Application for permission to appeal refused
Legal Topics
Racial Discrimination, Victimisation, Employment Tribunal Procedure, Appeals Process
Employment Law Discrimination Law Racial Discrimination Victimisation Employment Tribunal Procedure Appeals Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mr S A Butt

Applicant

The Home Department

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal erred in law in reversing the Employment Tribunal's finding of victimisation
  2. 2 Whether the EAT should have remitted the matter to a differently constituted Employment Tribunal
  3. 3 Whether the applicant could reopen all issues if remittal was ordered

Ratio Decidendi

The Employment Appeal Tribunal was entitled to find that the Employment Tribunal erred in law by making inconsistent findings on the reasons for not sending the application pack, and was justified in reversing the decision rather than remitting it.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused