Afolayan v. Star Texaco & Anor [2001] UKEAT 1088_00_0404 (4 April 2001)

Afolayan v. Star Texaco & Anor [2001] UKEAT 1088_00_0404 (4 April 2001)

Appeal against dismissal of unfair dismissal claim is dismissed. Grounds relating to race discrimination, victimisation, and unlawful deduction from wages contain arguable points of law and should proceed to a full hearing. No error of law found in dismissing Star Texaco Ltd as a party, but failure to invite submissions on appropriate respondents raises an arguable point. Tribunal's reasons for preferring respondents' evidence may be inadequate. Complaints held out of time may be perversely decided. Fresh evidence does not affect outcome and is not admitted.

Citation
[2001] UKEAT 1088_00_0404
Parties
Appellant: Mr Afolayan; Respondent: Star Texaco Ltd; Respondent: Miss J Kelly; Respondent: Mr Thirukkumar; Respondent: Mr Doukanaris; Transferee/respondent: Pimlico Capital Limited trading as Seletar
Jurisdiction
United Kingdom
Judgment Date
04 April 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal against dismissal of unfair dismissal claim dismissed; appeal on grounds of race discrimination, victimisation, and unlawful deduction from wages to proceed to full hearing.
Legal Topics
Race Discrimination, Victimisation, Unfair Dismissal, Unlawful Deduction From Wages, Transfer of Undertakings (tupe)
Employment Law Discrimination Law Race Discrimination Victimisation Unfair Dismissal Unlawful Deduction From Wages Transfer of Undertakings (tupe)

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Afolayan

Appellant

Star Texaco Ltd

Respondent

Miss J Kelly

Respondent

Mr Thirukkumar

Respondent

Mr Doukanaris

Respondent

Pimlico Capital Limited trading as Seletar

Transferee/respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether Star Texaco Ltd was properly joined as a party after business transfer under TUPE
  2. 2 Whether Employment Tribunal erred in dismissing claims against Star Texaco Ltd
  3. 3 Whether Employment Tribunal failed to give adequate reasons for preferring respondents' evidence

Ratio Decidendi

Appeal against dismissal of unfair dismissal claim is dismissed. Grounds relating to race discrimination, victimisation, and unlawful deduction from wages contain arguable points of law and should proceed to a full hearing. No error of law found in dismissing Star Texaco Ltd as a party, but failure to invite submissions on appropriate respondents raises an arguable point. Tribunal's reasons for preferring respondents' evidence may be inadequate. Complaints held out of time may be perversely decided. Fresh evidence does not affect outcome and is not admitted.

Court Disposition

Appeal against dismissal of unfair dismissal claim dismissed; appeal on grounds of race discrimination, victimisation, and unlawful deduction from wages to proceed to full hearing.

Orders

  • Appeal on unfair dismissal dismissed
  • Appeal on race discrimination, victimisation, and unlawful deduction from wages to proceed to full hearing