Jiad v. BBC World Service & Ors [2000] UKEAT 1007_99_0102 (1 February 2000)

Jiad v. BBC World Service & Ors [2000] UKEAT 1007_99_0102 (1 February 2000)

The Appellant failed to establish a reasonably arguable case of bias or procedural unfairness under both the real danger and reasonable apprehension tests; however, arguable points of law remain regarding victimisation and direct racial discrimination, warranting a full hearing on those grounds.

Citation
[2000] UKEAT 1007_99_0102
Parties
Appellant: Dr A Jiad; Respondents: BBC World Service & Others
Jurisdiction
United Kingdom
Judgment Date
01 February 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed to full hearing on points of law except bias; bias ground struck out.
Legal Topics
Racial Discrimination, Victimisation, Bias, Procedural Unfairness, Perversity
Employment Law Discrimination Law Racial Discrimination Victimisation Bias Procedural Unfairness Perversity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Dr A Jiad

Appellant

BBC World Service & Others

Respondents

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law regarding claims of victimisation and direct racial discrimination
  2. 2 Whether the Employment Tribunal demonstrated bias or procedural unfairness
  3. 3 Whether findings of fact were perverse

Ratio Decidendi

The Appellant failed to establish a reasonably arguable case of bias or procedural unfairness under both the real danger and reasonable apprehension tests; however, arguable points of law remain regarding victimisation and direct racial discrimination, warranting a full hearing on those grounds.

Court Disposition

Appeal allowed to proceed to full hearing on points of law except bias; bias ground struck out.

Orders

  • Strike out introduction to paragraph 4 of Notice of Appeal relating to bias or procedural unfairness.
  • Appellant not allowed to advance arguments based on bias or procedural unfairness at full hearing.