Skeiky v Argos Distributions Ltd [1997] UKEAT 1129_95_1205 (12 May 1997)

Skeiky v Argos Distributions Ltd [1997] UKEAT 1129_95_1205 (12 May 1997)

The tribunal misdirected itself in law by equating the applicant's efforts to return to work with affirmation of the contract and failed to consider all relevant circumstances up to the applicant's ultimate refusal to work. The tribunal also erred in its approach to comparators under the Race Relations Act. The appearance of bias by the tribunal chairman was not established.

Citation
[1997] UKEAT 1129_95_1205
Parties
Appellant/employee: Mr Skeiky; Respondent/employer: Employer (unnamed)
Jurisdiction
United Kingdom
Judgment Date
12 May 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal and cross-appeal allowed; case remitted for rehearing by a freshly constituted tribunal.
Legal Topics
Unfair Dismissal, Constructive Dismissal, Racial Discrimination, Employment Contracts, Tribunal Procedure
Employment Law Discrimination Law Unfair Dismissal Constructive Dismissal Racial Discrimination Employment Contracts Tribunal Procedure

Case Brief

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Parties

Mr Skeiky

Appellant/employee

Employer (unnamed)

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the employee was constructively and unfairly dismissed
  2. 2 Whether the employer unlawfully discriminated on racial grounds
  3. 3 Whether the tribunal misdirected itself in law regarding affirmation of contract

Ratio Decidendi

The tribunal misdirected itself in law by equating the applicant's efforts to return to work with affirmation of the contract and failed to consider all relevant circumstances up to the applicant's ultimate refusal to work. The tribunal also erred in its approach to comparators under the Race Relations Act. The appearance of bias by the tribunal chairman was not established.

Court Disposition

Appeal and cross-appeal allowed; case remitted for rehearing by a freshly constituted tribunal.

Orders

  • Case remitted to a freshly constituted tribunal for rehearing of both unfair dismissal and racial discrimination claims, including quantum and liability.
  • Employer may argue illegality before the new tribunal.