Ibimidun v. H M Prison Service [2003] UKEAT 0471_03_0810 (8 October 2003)

Ibimidun v. H M Prison Service [2003] UKEAT 0471_03_0810 (8 October 2003)

No satisfactory explanation for delay in lodging appeal; medical evidence insufficient to justify extension. No error of law in Tribunal's refusal to review decisions. Remedies award for injury to feelings not manifestly excessive. Tribunal correctly applied issue estoppel. No grounds in law for interfering with review decisions.

Citation
[2003] UKEAT 0471_03_0810
Parties
Applicant: Mr Ibimidun; Respondent: Her Majesty's Prison Service
Jurisdiction
United Kingdom
Judgment Date
08 October 2003
Procedural Posture
Employment Appeal Tribunal Composite Appeals and Applications / Judgment on Appeals and Applications
Outcome
All appeals and applications dismissed.
Legal Topics
Racial Discrimination, Victimisation, Extension of Time, Remedies, Issue Estoppel, Review of Tribunal Decisions
Employment Law Discrimination Law Racial Discrimination Victimisation Extension of Time Remedies Issue Estoppel Review of Tribunal Decisions

Case Brief

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Parties

Mr Ibimidun

Applicant

Her Majesty's Prison Service

Respondent

Procedural Posture

Employment Appeal Tribunal Composite Appeals and Applications / Judgment on Appeals and Applications

Legal Issues

  1. 1 Whether extension of time for appeal should be granted
  2. 2 Whether Tribunal erred in refusing review of liability decision
  3. 3 Whether Tribunal erred in remedies decision (injury to feelings, interest rate, aggravated damages, loss of earnings)

Ratio Decidendi

No satisfactory explanation for delay in lodging appeal; medical evidence insufficient to justify extension. No error of law in Tribunal's refusal to review decisions. Remedies award for injury to feelings not manifestly excessive. Tribunal correctly applied issue estoppel. No grounds in law for interfering with review decisions.

Court Disposition

All appeals and applications dismissed.

Orders

  • Extension of time for appeal refused.
  • Appeal against Tribunal's liability decision dismissed.