Hussain v. Addaction & Anor [2001] UKEAT 0755_00_2310 (23 October 2001)

Hussain v. Addaction & Anor [2001] UKEAT 0755_00_2310 (23 October 2001)

The Employment Tribunal's Rule 7 deposit order is appealable, and the reasons given suffice for appeal. The Tribunal's decision was not perverse, as it was reasonable for the Chairman to conclude Mr Hussain had no reasonable prospect of success based on the evidence and circumstances. Remission is precluded on proportionality grounds; the appeal is dismissed.

Citation
[2001] UKEAT 0755_00_2310
Parties
Appellant: Mr Hussain; 1st Respondent: Addaction; 2nd Respondent: Leicestershire Constabulary
Jurisdiction
United Kingdom
Judgment Date
23 October 2001
Procedural Posture
Employment Appeal / Full Hearing
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Appealability of Tribunal Orders, Rule 7 Deposit, Perversity
Employment Law Disability Discrimination Appealability of Tribunal Orders Rule 7 Deposit Perversity

Case Brief

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Parties

Mr Hussain

Appellant

Addaction

1st Respondent

Leicestershire Constabulary

2nd Respondent

Procedural Posture

Employment Appeal / Full Hearing

Legal Issues

  1. 1 Is an Employment Tribunal's Rule 7 deposit order appealable?
  2. 2 Was the Employment Tribunal's decision requiring a deposit perverse?

Ratio Decidendi

The Employment Tribunal's Rule 7 deposit order is appealable, and the reasons given suffice for appeal. The Tribunal's decision was not perverse, as it was reasonable for the Chairman to conclude Mr Hussain had no reasonable prospect of success based on the evidence and circumstances. Remission is precluded on proportionality grounds; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no remission to Employment Tribunal; existing deposit order stands.