Ibrahim v. Ethnic Minority Enterprise Centre & Ors [2005] UKEAT 0073_04_1805 (18 May 2005)

Ibrahim v. Ethnic Minority Enterprise Centre & Ors [2005] UKEAT 0073_04_1805 (18 May 2005)

The Employment Tribunal was not competent to award expenses against the claimant's solicitor as the Rules only permit awards against parties, and the Tribunal did not assess the case under the required categories. The Tribunal did not err in fixing a pre-hearing review, as it acted within its discretion and was not perverse.

Citation
[2005] UKEAT 0073_04_1805
Parties
Appellant/claimant: Omar Ibrahim; 1st Respondent: Ethnic Minority Enterprise Centre; 2nd Respondent: 2nd Respondent; 4th Respondent: 4th Respondent; 5th Respondent: 5th Respondent
Jurisdiction
United Kingdom
Judgment Date
18 May 2005
Procedural Posture
Employment Appeal / Appeal Against Preliminary Orders of Employment Tribunal
Outcome
Appeal allowed in part and dismissed in part.
Legal Topics
Disability Discrimination, Breach of Contract, Costs, Case Management, Pre Hearing Review
Employment Law Discrimination Law Civil Procedure Disability Discrimination Breach of Contract Costs Case Management Pre Hearing Review

Case Brief

Summary, issues, holding and outcome

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Parties

Omar Ibrahim

Appellant/claimant

Ethnic Minority Enterprise Centre

1st Respondent

2nd Respondent

2nd Respondent

4th Respondent

4th Respondent

5th Respondent

5th Respondent

Procedural Posture

Employment Appeal / Appeal Against Preliminary Orders of Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal was competent to award expenses against the claimant's solicitor
  2. 2 Whether the Employment Tribunal erred in fixing a pre-hearing review under Rule 7

Ratio Decidendi

The Employment Tribunal was not competent to award expenses against the claimant's solicitor as the Rules only permit awards against parties, and the Tribunal did not assess the case under the required categories. The Tribunal did not err in fixing a pre-hearing review, as it acted within its discretion and was not perverse.

Court Disposition

Appeal allowed in part and dismissed in part.

Orders

  • The order awarding expenses against the claimant's solicitor is set aside.
  • The order fixing a pre-hearing review is upheld.