Zaiwalla & Co & Anor v. Walia [2000] UKEAT 451_00_1611 (16 November 2000)

Zaiwalla & Co & Anor v. Walia [2000] UKEAT 451_00_1611 (16 November 2000)

The tribunal found no realistic prospect of success for the bias and Article 6(1) arguments based on the involvement of Lord Chancellor's Department officials or the minister's letter, as there was no evidence the tribunal was partial or that the appellants were placed at a substantial disadvantage. The appeals on liability (excluding bias/Article 6(1)) and quantum merit argument at a full hearing.

Citation
[2000] UKEAT 451_00_1611
Parties
First Appellant: Zaiwalla & Co; Second Appellant: Mr Hodson; Respondent/applicant: Ms J Walia
Jurisdiction
United Kingdom
Judgment Date
16 November 2000
Procedural Posture
Employment Appeal / Preliminary Hearing on Permission to Appeal and Consolidation
Outcome
Leave to appeal granted in part; appeals to be consolidated and proceed to full hearing on specified grounds.
Legal Topics
Sex Discrimination, Breach of Contract, Fair Trial, Bias, Article 6 ECHR, Employment Tribunal Procedure
Employment Law Discrimination Law Human Rights Law Sex Discrimination Breach of Contract Fair Trial Bias Article 6 ECHR +1 more

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Parties

Zaiwalla & Co

First Appellant

Mr Hodson

Second Appellant

Ms J Walia

Respondent/applicant

Procedural Posture

Employment Appeal / Preliminary Hearing on Permission to Appeal and Consolidation

Legal Issues

  1. 1 Whether the Employment Tribunal proceedings were unfair or biased contrary to Article 6(1) ECHR
  2. 2 Whether the Employment Tribunal erred in finding sex discrimination and breach of contract
  3. 3 Whether the compensation awarded was appropriate

Ratio Decidendi

The tribunal found no realistic prospect of success for the bias and Article 6(1) arguments based on the involvement of Lord Chancellor's Department officials or the minister's letter, as there was no evidence the tribunal was partial or that the appellants were placed at a substantial disadvantage. The appeals on liability (excluding bias/Article 6(1)) and quantum merit argument at a full hearing.

Court Disposition

Leave to appeal granted in part; appeals to be consolidated and proceed to full hearing on specified grounds.

Orders

  • Leave to amend grounds of appeal on quantum granted.
  • Leave to amend grounds of appeal on liability granted, except for bias and Article 6(1) points relating to Lord Chancellor's Department intervention.