Afolayan v Star Texaco Ltd & Ors [1998] UKEAT 888_98_0111 (1 November 1998)

Afolayan v Star Texaco Ltd & Ors [1998] UKEAT 888_98_0111 (1 November 1998)

There are arguable points of law as to whether the tribunal acted within its jurisdiction and followed proper procedure in striking out the application without hearing evidence or giving the applicant an opportunity to be heard.

Citation
[1998] UKEAT 888_98_0111
Parties
Appellant: Mr B Afolayan; Respondent: Star Texaco Ltd & Others
Jurisdiction
United Kingdom
Judgment Date
01 November 1998
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal From Industrial Tribunal Decision
Outcome
Directions given for further evidence; appeal not dismissed at this stage.
Legal Topics
Race Discrimination, Tribunal Procedure, Striking Out Applications, Jurisdiction of Tribunal
Employment Law Discrimination Law Race Discrimination Tribunal Procedure Striking Out Applications Jurisdiction of Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

Mr B Afolayan

Appellant

Star Texaco Ltd & Others

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Chairman had jurisdiction to strike out the application sitting alone
  2. 2 Whether the Tribunal acted within the rules, particularly Rule 13(3)
  3. 3 Whether it was lawful to strike out the application as frivolous without hearing evidence or giving the applicant an opportunity to give oral evidence

Ratio Decidendi

There are arguable points of law as to whether the tribunal acted within its jurisdiction and followed proper procedure in striking out the application without hearing evidence or giving the applicant an opportunity to be heard.

Court Disposition

Directions given for further evidence; appeal not dismissed at this stage.

Orders

  • Applicant to file affidavit within 14 days detailing circumstances of hearing.
  • Applicant to exhibit notice of hearing if available.