Moyo v. Waltham Forest Specialist Housing Consortium [2000] EAT 377_99_2205 (22 May 2000)

Moyo v. Waltham Forest Specialist Housing Consortium [2000] EAT 377_99_2205 (22 May 2000)

The matter should be remitted to the original Tribunal at Stratford because its findings were properly open to it, none were perverse, and it is best placed to determine the causation issue in light of the House of Lords decision in Nagarajan.

Citation
[2000] EAT 377_99_2205
Parties
Appellant: Appellant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
22 May 2000
Procedural Posture
Employment Appeal / Remission After Appeal
Outcome
Remitted to original Tribunal; costs application refused.
Legal Topics
Victimisation, Causation, Remission, Costs
Employment Law Victimisation Causation Remission Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Remission After Appeal

Legal Issues

  1. 1 Whether causation issue should be remitted to the original or a different Employment Tribunal
  2. 2 Whether costs should be awarded to the Appellant

Ratio Decidendi

The matter should be remitted to the original Tribunal at Stratford because its findings were properly open to it, none were perverse, and it is best placed to determine the causation issue in light of the House of Lords decision in Nagarajan.

Court Disposition

Remitted to original Tribunal; costs application refused.

Orders

  • The issue of causation is remitted to the original Employment Tribunal at Stratford.
  • The Appellant's application for costs is refused.