S Thomas Comsoft Ltd v. Robinson & Anor [2001] UKEAT 737_01_1810 (18 October 2001)

S Thomas Comsoft Ltd v. Robinson & Anor [2001] UKEAT 737_01_1810 (18 October 2001)

Arguments regarding procedural fairness and absence of findings on detriment are sufficient to warrant a full hearing.

Citation
[2001] UKEAT 737_01_1810
Parties
Appellant: Miss Thomas; Appellant: Comsoft Ltd; Respondent: Ms Robinson; Respondent: Mrs Chadwick
Jurisdiction
United Kingdom
Judgment Date
18 October 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal proceeds to full hearing; Mrs Chadwick dismissed as party
Legal Topics
Race Discrimination, Procedural Fairness
Employment Law Discrimination Law Race Discrimination Procedural Fairness

Case Brief

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Parties

Miss Thomas

Appellant

Comsoft Ltd

Appellant

Ms Robinson

Respondent

Mrs Chadwick

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 whether the appellants' representative was permitted adequate cross-examination
  2. 2 whether the tribunal made findings regarding detriment suffered by the respondent

Ratio Decidendi

Arguments regarding procedural fairness and absence of findings on detriment are sufficient to warrant a full hearing.

Court Disposition

appeal proceeds to full hearing; Mrs Chadwick dismissed as party

Orders

  • Chairman's notes of cross-examination to be provided to Appeal Tribunal
  • Skeleton arguments to be exchanged and provided to Appeal Tribunal at least 14 days before hearing