Abegaze v Shrewsbury College of Arts & Technology

Abegaze v Shrewsbury College of Arts & Technology

The Employment Tribunal erred in law by striking out the claim for remedy; the difficulties cited did not make a fair trial impossible, and a more proportionate response would have been an 'unless' order to secure the claimant's cooperation. There was no actual or apparent bias requiring recusal.

Source-derived case information.

Parties
Appellant/claimant: Abegaze; Respondent: Shrewsbury College of Arts & Technology
Jurisdiction
England and Wales
Judgment Date
20 February 2009
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Strike Out Applications, Remedies Hearing, Racial Discrimination, Procedural Fairness, Bias and Recusal
Employment Law Discrimination Law Strike Out Applications Remedies Hearing Racial Discrimination Procedural Fairness Bias and Recusal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Abegaze

Appellant/claimant

Shrewsbury College of Arts & Technology

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the claimant's remedies claim for want of prosecution and impossibility of fair trial
  2. 2 Whether the employment judge should have recused himself for apparent bias
  3. 3 Whether the claimant's conduct justified a strike out under the relevant procedural rules

Ratio Decidendi

The Employment Tribunal erred in law by striking out the claim for remedy; the difficulties cited did not make a fair trial impossible, and a more proportionate response would have been an 'unless' order to secure the claimant's cooperation. There was no actual or apparent bias requiring recusal.

Court Disposition

Appeal allowed

Orders

  • Strike out order set aside
  • Matter remitted to Employment Tribunal for further directions