Bangs v Connex South Eastern Ltd.

Bangs v Connex South Eastern Ltd.

Unreasonable delay in promulgating an employment tribunal decision does not constitute an independent ground of appeal unless it gives rise to a real risk that a party has been deprived of the substance of their right to a fair trial under Article 6(1) ECHR, which may amount to a question of law. In this case, the delay did not create such a risk, and the tribunal's findings were not perverse or unsupported by evidence.

Parties
Appellant: Mr Yaya Bangs; Respondent: Connex South Eastern Ltd
Jurisdiction
England and Wales
Judgment Date
27 January 2005
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
appeal allowed, cross appeal dismissed
Legal Topics
Race Discrimination, Unfair Dismissal, Delay in Tribunal Decision, Right to Fair Trial, Appeal Grounds, Credibility Assessment
Employment Law Human Rights Race Discrimination Unfair Dismissal Delay in Tribunal Decision Right to Fair Trial Appeal Grounds Credibility Assessment

Case Brief

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Parties

Mr Yaya Bangs

Appellant

Connex South Eastern Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Impact of unreasonable delay in tribunal decision on right to fair trial under Article 6 ECHR
  2. 2 Whether delay constitutes independent ground of appeal under Employment Tribunals Act 1996 s21(1)
  3. 3 Assessment of credibility and factual findings in discrimination claims

Ratio Decidendi

Unreasonable delay in promulgating an employment tribunal decision does not constitute an independent ground of appeal unless it gives rise to a real risk that a party has been deprived of the substance of their right to a fair trial under Article 6(1) ECHR, which may amount to a question of law. In this case, the delay did not create such a risk, and the tribunal's findings were not perverse or unsupported by evidence.

Court Disposition

appeal allowed, cross appeal dismissed

Orders

  • The decision of the Employment Tribunal dated 18th August 2003 stands.
  • Employment Tribunal to proceed to remedies hearing.