Ayovuare v. OCL Plastering (London) Ltd [2001] UKEAT 0677_01_1710 (17 October 2001)

Ayovuare v. OCL Plastering (London) Ltd [2001] UKEAT 0677_01_1710 (17 October 2001)

The appeal was dismissed because the only point pursued was an attempt to challenge the Tribunal's finding of fact regarding witness credibility, which is within the Tribunal's discretion and not a matter for appeal unless perverse, which was not established here.

Citation
[2001] UKEAT 0677_01_1710
Parties
Appellant: Mr Ayovuare; Respondent: OCL Plastering (London) Ltd
Jurisdiction
United Kingdom
Judgment Date
17 October 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Unlawful Discrimination, Employment Tribunal Procedure
Employment Law Discrimination Law Racial Discrimination Unlawful Discrimination Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Ayovuare

Appellant

OCL Plastering (London) Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding the Respondent's explanation for non-appointment adequate and satisfactory
  2. 2 Whether the Employment Tribunal erred in finding Mr Occleshaw a credible witness despite inconsistencies in his evidence

Ratio Decidendi

The appeal was dismissed because the only point pursued was an attempt to challenge the Tribunal's finding of fact regarding witness credibility, which is within the Tribunal's discretion and not a matter for appeal unless perverse, which was not established here.

Court Disposition

Appeal dismissed