Palihakkara v British Telecommunications Plc [2009] UKEAT 0167_09_2907 (29 July 2009)

Palihakkara v British Telecommunications Plc [2009] UKEAT 0167_09_2907 (29 July 2009)

The Employment Tribunal did not err in law in its findings or approach to the evidence, correctly applied the relevant legal principles, and properly refused to admit new evidence. The appeal amounted to disagreement with factual findings, not legal error. No grounds of appeal succeeded.

Citation
[2009] UKEAT 0167_09_2907
Parties
Appellant/claimant: Miss S Palihakkara; Respondent: BT (British Telecommunications)
Jurisdiction
United Kingdom
Judgment Date
29 July 2009
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Sex Discrimination, Victimisation, Breach of Contract, Practice and Procedure, New Evidence on Appeal
Employment Law Discrimination Law Contract Law Race Discrimination Sex Discrimination Victimisation Breach of Contract Practice and Procedure +1 more

Case Brief

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Parties

Miss S Palihakkara

Appellant/claimant

BT (British Telecommunications)

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in dismissing claims of direct race and sex discrimination and victimisation
  2. 2 Whether the Tribunal erred in handling breach of contract claims
  3. 3 Whether new evidence should be admitted on appeal

Ratio Decidendi

The Employment Tribunal did not err in law in its findings or approach to the evidence, correctly applied the relevant legal principles, and properly refused to admit new evidence. The appeal amounted to disagreement with factual findings, not legal error. No grounds of appeal succeeded.

Court Disposition

Appeal dismissed

Orders

  • Directions to be given for a remedy hearing on the outstanding breach of contract claim regarding delay in grievance handling.