Miller v Crime Concern Trust Ltd [2005] UKEAT 0758_04_1609 (16 September 2005)

Miller v Crime Concern Trust Ltd [2005] UKEAT 0758_04_1609 (16 September 2005)

The tribunal failed to apply the correct legal tests for victimisation, ignored relevant documents and cumulative effect, inadequately explained difference in treatment, and did not properly address the issue of bias in the redundancy selection process. These errors require reconsideration of the issues by the tribunal.

Citation
[2005] UKEAT 0758_04_1609
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
16 September 2005
Procedural Posture
Employment Appeal / Appeal From Tribunal Decision
Outcome
Appeal allowed in part; rehearing directed on issues of victimisation, unfair dismissal, and race/sex discrimination.
Legal Topics
Victimisation, Race Discrimination, Sex Discrimination, Redundancy, Unfair Dismissal, Public Interest Disclosure, Automatic Unfair Dismissal, Breach of Contract
Employment Law Discrimination Law Victimisation Race Discrimination Sex Discrimination Redundancy Unfair Dismissal Public Interest Disclosure +2 more

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Tribunal Decision

Legal Issues

  1. 1 Whether the tribunal properly considered protected acts for victimisation
  2. 2 Whether the tribunal correctly explained difference in treatment for race/sex discrimination
  3. 3 Whether the redundancy process was fair, particularly regarding consultation and panel bias

Ratio Decidendi

The tribunal failed to apply the correct legal tests for victimisation, ignored relevant documents and cumulative effect, inadequately explained difference in treatment, and did not properly address the issue of bias in the redundancy selection process. These errors require reconsideration of the issues by the tribunal.

Court Disposition

Appeal allowed in part; rehearing directed on issues of victimisation, unfair dismissal, and race/sex discrimination.

Orders

  • Same tribunal to reconsider issues of victimisation, unfair dismissal, and race/sex discrimination limited to matters raised in this decision.