Fraser v. Scottish Ambulance Service, Re Application for Judicial Review [2004] ScotCS 250 (05 November 2004)

Fraser v. Scottish Ambulance Service, Re Application for Judicial Review [2004] ScotCS 250 (05 November 2004)

Leave to appeal was granted because the Employment Appeal Tribunal judge based his refusal on the merits of the appeal, which were not to be considered at the hearing, raising a potential point of law regarding procedural fairness.

Citation
[2004] ScotCS 250
Parties
Applicant: Susan Fraser; Respondents: The Scottish Ambulance Service
Jurisdiction
Scotland
Judgment Date
05 November 2004
Procedural Posture
Application for Leave to Appeal Under Section 37(1) of the Employment Tribunals Act 1996 / Application for Leave to Appeal From Employment Appeal Tribunal to Court of Session
Outcome
Leave to appeal to the Court of Session granted.
Legal Topics
Disability Discrimination, Unfair Dismissal, Procedural Fairness, Extension of Time, Leave to Appeal
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Procedural Fairness Extension of Time Leave to Appeal

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Parties

Susan Fraser

Applicant

The Scottish Ambulance Service

Respondents

Procedural Posture

Application for Leave to Appeal Under Section 37(1) of the Employment Tribunals Act 1996 / Application for Leave to Appeal From Employment Appeal Tribunal to Court of Session

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal erred in refusing an extension of time based on merits not argued at the hearing
  2. 2 Whether a point of law arises from the handling and dismissal of the appeal by the Employment Appeal Tribunal

Ratio Decidendi

Leave to appeal was granted because the Employment Appeal Tribunal judge based his refusal on the merits of the appeal, which were not to be considered at the hearing, raising a potential point of law regarding procedural fairness.

Court Disposition

Leave to appeal to the Court of Session granted.

Orders

  • Leave to appeal granted.
  • Applicant advised to obtain legal representation for the substantive appeal.