Igbinake v Axis Security Ltd (Practice and Procedure : Appellate jurisdiction/Reasons/Burns-Barke) [2014] UKEAT 0028_14_1706 (17 June 2014)

Igbinake v Axis Security Ltd (Practice and Procedure : Appellate jurisdiction/Reasons/Burns-Barke) [2014] UKEAT 0028_14_1706 (17 June 2014)

The Tribunal's reasoning on the crucial issue of the manager's belief and the policy's content was insufficiently clear, necessitating remission for reconsideration.

Citation
[2014] UKEAT 0028_14_1706
Parties
Appellant's Counsel: Edward Kemp; Respondent's Counsel: Kerry Bretherton; Respondent: Croner Consulting Limited
Jurisdiction
United Kingdom
Judgment Date
17 June 2014
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Remitted for reconsideration
Legal Topics
Direct Discrimination, Religious Discrimination, Employment Tribunal Procedure, Appellate Review, Reasons for Decision
Employment Law Discrimination Law Direct Discrimination Religious Discrimination Employment Tribunal Procedure Appellate Review Reasons for Decision

Case Brief

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Parties

Edward Kemp

Appellant's Counsel

Kerry Bretherton

Respondent's Counsel

Croner Consulting Limited

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the refusal of holiday was direct religious discrimination
  2. 2 Whether the Employment Tribunal's reasons were adequate and consistent with evidence

Ratio Decidendi

The Tribunal's reasoning on the crucial issue of the manager's belief and the policy's content was insufficiently clear, necessitating remission for reconsideration.

Court Disposition

Remitted for reconsideration

Orders

  • Matter remitted to the same Employment Tribunal for reconsideration of the decision in light of the Appeal Tribunal's judgment.