N Aslam v. Barclays Capital Services & Others [2011] UKEAT 0405_10_0302 (3 February 2011)

N Aslam v. Barclays Capital Services & Others [2011] UKEAT 0405_10_0302 (3 February 2011)

The non-disclosure of the email resulted in an unfair hearing before the Employment Tribunal, as the email was relevant and could have influenced findings on fact, discrimination, and witness credibility. A review before the same Tribunal would not suffice to cure the unfairness due to adverse credibility findings and loss of confidence in the process. The appeal is allowed, the judgment set aside, and the matter remitted for a fresh hearing before a different Tribunal.

Citation
[2011] UKEAT 0405_10_0302
Parties
Appellant/claimant: Nadeem Aslam; Respondents: Barclays Capital Services Ltd and certain employees
Jurisdiction
United Kingdom
Judgment Date
03 February 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; judgment set aside; case remitted for rehearing before a different Tribunal.
Legal Topics
Race Discrimination, Harassment, Victimisation, Unfair Constructive Dismissal, Disclosure of Evidence, Admission of Fresh Evidence, Fair Hearing
Employment Law Discrimination Law Race Discrimination Harassment Victimisation Unfair Constructive Dismissal Disclosure of Evidence Admission of Fresh Evidence +1 more

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Parties

Nadeem Aslam

Appellant/claimant

Barclays Capital Services Ltd and certain employees

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the failure to disclose a relevant email rendered the Employment Tribunal hearing unfair
  2. 2 Whether the fresh evidence (email) should be admitted on appeal
  3. 3 Whether the case should be remitted for a fresh hearing

Ratio Decidendi

The non-disclosure of the email resulted in an unfair hearing before the Employment Tribunal, as the email was relevant and could have influenced findings on fact, discrimination, and witness credibility. A review before the same Tribunal would not suffice to cure the unfairness due to adverse credibility findings and loss of confidence in the process. The appeal is allowed, the judgment set aside, and the matter remitted for a fresh hearing before a different Tribunal.

Court Disposition

Appeal allowed; judgment set aside; case remitted for rehearing before a different Tribunal.

Orders

  • Judgment of Employment Tribunal set aside
  • Matter remitted for fresh hearing before a different Tribunal