Carter & Anor v. Stakis Plc & Ors [2000] UKEAT 1016_99_2310 (23 October 2000)

Carter & Anor v. Stakis Plc & Ors [2000] UKEAT 1016_99_2310 (23 October 2000)

There are arguable grounds for appeal on whether the Tribunal's procedure excluded relevant evidence and whether cumulative effects were properly considered; however, the Tribunal correctly applied the legal test for detriment and was not in error for addressing the issue as a preliminary matter.

Citation
[2000] UKEAT 1016_99_2310
Parties
Appellant: Anthony Carter; Appellant: Samuel Carter; Respondent: Stakis PLC
Jurisdiction
United Kingdom
Judgment Date
23 October 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed on two principal issues; other grounds dismissed.
Legal Topics
Racial Discrimination, Procedural Fairness, Detriment Assessment
Employment Law Discrimination Law Racial Discrimination Procedural Fairness Detriment Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Anthony Carter

Appellant

Samuel Carter

Appellant

Stakis PLC

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal's procedure excluded relevant evidence on detriment
  2. 2 Whether the cumulative effect of incidents amounted to detriment under Race Relations Act 1976

Ratio Decidendi

There are arguable grounds for appeal on whether the Tribunal's procedure excluded relevant evidence and whether cumulative effects were properly considered; however, the Tribunal correctly applied the legal test for detriment and was not in error for addressing the issue as a preliminary matter.

Court Disposition

Appeal allowed to proceed on two principal issues; other grounds dismissed.

Orders

  • Appeal to proceed to full hearing before Employment Appeal Tribunal on two issues.
  • Chairman's Notes on detriment issue to be requested and added to appeal file.