GBM Services Ltd v Taj [2009] UKEAT 0063_09_2204 (22 April 2009)

GBM Services Ltd v Taj [2009] UKEAT 0063_09_2204 (22 April 2009)

The Tribunal was entitled to add the omitted issues at the substantive hearing, provided sufficient reasons for its findings, and correctly applied the burden of proof in discrimination law. The appeal was dismissed as the Tribunal's approach was legally sound and fair.

Citation
[2009] UKEAT 0063_09_2204
Parties
Appellant/respondent Below: GBM Services Ltd; Respondent/claimant Below: Mr Taj
Jurisdiction
United Kingdom
Judgment Date
22 April 2009
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed; Tribunal judgment affirmed.
Legal Topics
Race Discrimination, Religious Discrimination, Constructive Unfair Dismissal, Burden of Proof, Case Management, Victimisation, Harassment
Employment Law Discrimination Law Race Discrimination Religious Discrimination Constructive Unfair Dismissal Burden of Proof Case Management Victimisation +1 more

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Parties

GBM Services Ltd

Appellant/respondent Below

Mr Taj

Respondent/claimant Below

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in adding two issues to the list at the substantive hearing
  2. 2 Whether the Tribunal's reasons were Meek compliant regarding the finding that the Claimant passed stage 2 of the Igen v Wong test
  3. 3 Whether the Tribunal correctly directed itself as to stage 1 of Igen v Wong

Ratio Decidendi

The Tribunal was entitled to add the omitted issues at the substantive hearing, provided sufficient reasons for its findings, and correctly applied the burden of proof in discrimination law. The appeal was dismissed as the Tribunal's approach was legally sound and fair.

Court Disposition

Appeal dismissed; Tribunal judgment affirmed.