Cromwell Hospital v Francis & Anor [1998] UKEAT 654_98_0110 (1 October 1998)

Cromwell Hospital v Francis & Anor [1998] UKEAT 654_98_0110 (1 October 1998)

The appeal raises arguable points of law regarding the findings of racial discrimination and the calculation of loss for breach of contract, warranting a full hearing and further evidence from the tribunal chairman.

Citation
[1998] UKEAT 654_98_0110
Parties
Applicant: Mr Francis; Applicant: Mr Licorish; Appellant: Cromwell Hospital
Jurisdiction
United Kingdom
Judgment Date
01 October 1998
Procedural Posture
Appeal / Preliminary Hearing Ex Parte
Outcome
Leave to appeal granted; case to proceed to full hearing.
Legal Topics
Racial Discrimination, Breach of Contract, Unfair Dismissal
Employment Law Discrimination Law Racial Discrimination Breach of Contract Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Francis

Applicant

Mr Licorish

Applicant

Cromwell Hospital

Appellant

Procedural Posture

Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether the dismissal of the applicants constituted unlawful direct racial discrimination
  2. 2 Whether there was a breach of contract in relation to the dismissal and calculation of loss

Ratio Decidendi

The appeal raises arguable points of law regarding the findings of racial discrimination and the calculation of loss for breach of contract, warranting a full hearing and further evidence from the tribunal chairman.

Court Disposition

Leave to appeal granted; case to proceed to full hearing.

Orders

  • Leave to amend Notice of Appeal to add new ground under Race Discrimination Claims
  • All matters under Race Discrimination Claims to proceed to full hearing