Elabed v. BBC Arabic Service [2001] UKEAT 358_00_2103 (21 March 2001)

Elabed v. BBC Arabic Service [2001] UKEAT 358_00_2103 (21 March 2001)

The Tribunal erred in refusing a review without resolving whether the new evidence regarding Mr McLellan's testimony was material and without making a finding on whether the evidence was inaccurate or misleading. This constituted an arguable ground of appeal justifying a full hearing.

Citation
[2001] UKEAT 358_00_2103
Parties
Appellant: Jamil Elabed; Respondent: BBC Arabic Service
Jurisdiction
United Kingdom
Judgment Date
21 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Full hearing ordered; appeal to proceed if Appellant waives legal professional privilege.
Legal Topics
Race Discrimination, Review of Tribunal Decision, Time Limits, Legal Professional Privilege
Employment Law Discrimination Law Race Discrimination Review of Tribunal Decision Time Limits Legal Professional Privilege

Case Brief

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Parties

Jamil Elabed

Appellant

BBC Arabic Service

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing a review on the basis of new evidence allegedly showing perjured testimony
  2. 2 Whether discrepancies in evidence were material to the original decision
  3. 3 Whether the Tribunal was empowered to conduct a review after an Employment Appeal Tribunal hearing

Ratio Decidendi

The Tribunal erred in refusing a review without resolving whether the new evidence regarding Mr McLellan's testimony was material and without making a finding on whether the evidence was inaccurate or misleading. This constituted an arguable ground of appeal justifying a full hearing.

Court Disposition

Full hearing ordered; appeal to proceed if Appellant waives legal professional privilege.

Orders

  • Full hearing of the appeal ordered.
  • Appellant must waive legal professional privilege for the appeal to proceed.