Centuryan Security Services Ltd v. Kelly [2000] UKEAT 430_00_2906 (29 June 2000)

Centuryan Security Services Ltd v. Kelly [2000] UKEAT 430_00_2906 (29 June 2000)

There are arguable points of law regarding the Tribunal's approach to findings of fact, the handling of evidence, and the legal test for victimisation, warranting a full hearing before the Employment Appeal Tribunal.

Citation
[2000] UKEAT 430_00_2906
Parties
Appellant: Appellants; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
29 June 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Matter to proceed to full hearing before the Employment Appeal Tribunal.
Legal Topics
Sex Discrimination, Victimisation, Summary Dismissal, Credibility of Evidence
Employment Law Sex Discrimination Victimisation Summary Dismissal Credibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Appellants

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its findings of fact regarding the authenticity and relevance of an internal memorandum.
  2. 2 Whether the Tribunal properly addressed the issue of victimisation in the context of summary dismissal.
  3. 3 Whether the Tribunal provided adequate reasons for preferring certain evidence.

Ratio Decidendi

There are arguable points of law regarding the Tribunal's approach to findings of fact, the handling of evidence, and the legal test for victimisation, warranting a full hearing before the Employment Appeal Tribunal.

Court Disposition

Matter to proceed to full hearing before the Employment Appeal Tribunal.

Orders

  • Parties to seek agreement on the account of how the authenticity of the document was canvassed before the Tribunal.
  • Appellants to notify the Tribunal regarding the identity and participation of Miss Hughes or Ms N Contractor.