Khan v London Central Mosque Trust [1998] UKEAT 1268_98_1012 (10 December 1998)

Khan v London Central Mosque Trust [1998] UKEAT 1268_98_1012 (10 December 1998)

The Employment Tribunal erred by striking out the race discrimination claim without properly addressing compliance with Rule 13(3) and without giving the applicant an opportunity to explain his case; the claim should proceed to a merits hearing.

Citation
[1998] UKEAT 1268_98_1012
Parties
Applicant/appellant: Mr Khan; First Respondent: Extreme Security Services Ltd; Second Respondent: London Central Mosque Trust and Islamic Cultural Centre
Jurisdiction
United Kingdom
Judgment Date
10 December 1998
Procedural Posture
Employment Appeal / Interlocutory Appeal Against Chairman's Decision
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Unfair Dismissal, Race Discrimination, Wrongful Dismissal, Transfer of Undertakings, Unlawful Deduction of Wages
Employment Law Discrimination Law Unfair Dismissal Race Discrimination Wrongful Dismissal Transfer of Undertakings Unlawful Deduction of Wages

Case Brief

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Parties

Mr Khan

Applicant/appellant

Extreme Security Services Ltd

First Respondent

London Central Mosque Trust and Islamic Cultural Centre

Second Respondent

Procedural Posture

Employment Appeal / Interlocutory Appeal Against Chairman's Decision

Legal Issues

  1. 1 Whether the complaint of race discrimination should have been struck out as frivolous
  2. 2 Whether proper notice and opportunity to respond was given under Rule 13(3)
  3. 3 Whether the second respondent should have been dismissed from proceedings

Ratio Decidendi

The Employment Tribunal erred by striking out the race discrimination claim without properly addressing compliance with Rule 13(3) and without giving the applicant an opportunity to explain his case; the claim should proceed to a merits hearing.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Race discrimination complaint reinstated for merits hearing
  • Second respondent's dismissal from proceedings upheld