Doshoki v. Draeger Ltd [2001] UKEAT 0939_01_1009 (10 September 2001)

Doshoki v. Draeger Ltd [2001] UKEAT 0939_01_1009 (10 September 2001)

The appeal regarding victimisation is dismissed as the Tribunal was not empowered to consider it; the appeal regarding compensation raises arguable points of law on natural justice and perversity and is permitted to proceed to a Full Hearing.

Citation
[2001] UKEAT 0939_01_1009
Parties
Appellant: Dr Doshoki; Respondent: Respondent (Employer)
Jurisdiction
United Kingdom
Judgment Date
10 September 2001
Procedural Posture
Employment Appeal / Preliminary Hearing Ex Parte
Outcome
Appeal on victimisation dismissed; appeal on compensation to proceed to Full Hearing.
Legal Topics
Race Discrimination, Victimisation, Compensation, Natural Justice
Employment Law Discrimination Law Race Discrimination Victimisation Compensation Natural Justice

Case Brief

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Parties

Dr Doshoki

Appellant

Respondent (Employer)

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether the Employment Tribunal erred in not considering victimisation after finding race discrimination
  2. 2 Whether the Tribunal breached natural justice by deciding compensation without further comment from parties
  3. 3 Whether the compensation awarded was perversely low

Ratio Decidendi

The appeal regarding victimisation is dismissed as the Tribunal was not empowered to consider it; the appeal regarding compensation raises arguable points of law on natural justice and perversity and is permitted to proceed to a Full Hearing.

Court Disposition

Appeal on victimisation dismissed; appeal on compensation to proceed to Full Hearing.

Orders

  • Appeal on victimisation dismissed
  • Appeal on compensation listed for Full Hearing