Samuel v Home Office & Anor [2002] EWCA Civ 1521 (21 October 2002)

Samuel v Home Office & Anor [2002] EWCA Civ 1521 (21 October 2002)

There was no real prospect of success in the appeal as the repeated exercise of discretion by the Employment Tribunal and Employment Appeal Tribunal was not flawed; the applicant's failure to attend was without satisfactory explanation and the dismissal was within the tribunal's discretion.

Citation
[2002] EWCA Civ 1521
Parties
Applicant: Samuel; Respondent: Home Office and Another
Jurisdiction
England and Wales
Judgment Date
21 October 2002
Procedural Posture
Employment Discrimination Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Racial Discrimination, Dismissal for Non Attendance, Exercise of Tribunal Discretion, Review of Tribunal Decisions
Employment Law Civil Procedure Racial Discrimination Dismissal for Non Attendance Exercise of Tribunal Discretion Review of Tribunal Decisions

Case Brief

Summary, issues, holding and outcome

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Parties

Samuel

Applicant

Home Office and Another

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing the applicant's claim for non-attendance
  2. 2 Whether the exercise of discretion by the Employment Tribunal and Employment Appeal Tribunal was flawed
  3. 3 Whether an adjournment should have been granted instead of dismissal

Ratio Decidendi

There was no real prospect of success in the appeal as the repeated exercise of discretion by the Employment Tribunal and Employment Appeal Tribunal was not flawed; the applicant's failure to attend was without satisfactory explanation and the dismissal was within the tribunal's discretion.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused