Indrayen v John Delaney-Access Hotels (London) Ltd [1993] UKEAT 399_91_1210 (12 October 1993)

Indrayen v John Delaney-Access Hotels (London) Ltd [1993] UKEAT 399_91_1210 (12 October 1993)

The Industrial Tribunal did not err in refusing the adjournment or in declining to debar the respondents, as there was material before it to justify its decisions and no perversity or legal error was shown. However, the refusal to review the decision was based on an erroneous belief that the application was out of time; the matter should be remitted for proper consideration of the review application.

Citation
[1993] UKEAT 399_91_1210
Parties
Appellant: Mr A K Indrayen; Respondent: Access Hotels (London) Limited
Jurisdiction
United Kingdom
Judgment Date
12 October 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision and Refusal to Review
Outcome
Appeal dismissed in respect of adjournment and discovery; matter remitted for review of original decision.
Legal Topics
Race Discrimination, Adjournment of Hearings, Review of Tribunal Decisions, Procedural Fairness
Employment Law Discrimination Law Race Discrimination Adjournment of Hearings Review of Tribunal Decisions Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Mr A K Indrayen

Appellant

Access Hotels (London) Limited

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision and Refusal to Review

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in refusing an adjournment due to the appellant's illness
  2. 2 Whether the Industrial Tribunal erred in failing to consider an application to debar the respondents for non-compliance with discovery
  3. 3 Whether the refusal to review the decision was correct in law

Ratio Decidendi

The Industrial Tribunal did not err in refusing the adjournment or in declining to debar the respondents, as there was material before it to justify its decisions and no perversity or legal error was shown. However, the refusal to review the decision was based on an erroneous belief that the application was out of time; the matter should be remitted for proper consideration of the review application.

Court Disposition

Appeal dismissed in respect of adjournment and discovery; matter remitted for review of original decision.

Orders

  • Dismissal of appeal against refusal to adjourn and refusal to debar respondents.
  • Order for the original decision to be reviewed by the tribunal under Rule 10(4).