Hooper v Sherborne School

Hooper v Sherborne School

The application was refused because the Employment Tribunal's findings of fact were supported by evidence, no error of law was identified, the new argument based on suspicion was not raised below and could not be introduced on appeal, and there was no substantiated procedural irregularity or bias.

Parties
Applicant: Mrs C Hooper; Respondent: Sherborne School
Jurisdiction
England and Wales
Judgment Date
27 October 2010
Procedural Posture
Employment Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
permission to appeal refused; extension of time refused
Legal Topics
Victimisation, Race Discrimination, Costs in Employment Tribunal, Procedural Fairness, Appeals Process
Employment Law Discrimination Law Victimisation Race Discrimination Costs in Employment Tribunal Procedural Fairness Appeals Process

Case Brief

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Parties

Mrs C Hooper

Applicant

Sherborne School

Respondent

Procedural Posture

Employment Appeal / Renewed Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing the victimisation claim under the Race Relations Act 1976
  2. 2 Whether the Employment Tribunal erred in awarding costs against the applicant
  3. 3 Whether the Employment Tribunal or Employment Appeal Tribunal committed procedural irregularity or bias

Ratio Decidendi

The application was refused because the Employment Tribunal's findings of fact were supported by evidence, no error of law was identified, the new argument based on suspicion was not raised below and could not be introduced on appeal, and there was no substantiated procedural irregularity or bias.

Court Disposition

permission to appeal refused; extension of time refused

Orders

  • Application for permission to appeal refused
  • Application for extension of time refused