Mighty [1996] UKEAT 743_95_2401 (24 January 1996)

Mighty [1996] UKEAT 743_95_2401 (24 January 1996)

The Tribunal's decision turned on findings of fact, specifically the acceptance of Mr Gardner's evidence that there was no refusal of representation and no racial element in the treatment of Mr Mighty. There was no error of law in preferring one party's evidence over another, and thus no legal basis for the appeal.

Citation
[1996] UKEAT 743_95_2401
Parties
Appellant: Mr N Mighty; Respondents: Mr Gardner and Islington Branch of NALGO
Jurisdiction
United Kingdom
Judgment Date
24 January 1996
Procedural Posture
Employment Discrimination Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Trade Union Representation, Burden of Proof, Appeals on Questions of Law
Employment Law Discrimination Law Race Discrimination Trade Union Representation Burden of Proof Appeals on Questions of Law

Case Brief

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Parties

Mr N Mighty

Appellant

Mr Gardner and Islington Branch of NALGO

Respondents

Procedural Posture

Employment Discrimination Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in law in finding no racial discrimination under section 11 of the Race Relations Act 1976
  2. 2 Whether the Tribunal failed to consider relevant evidence or misapplied the burden of proof

Ratio Decidendi

The Tribunal's decision turned on findings of fact, specifically the acceptance of Mr Gardner's evidence that there was no refusal of representation and no racial element in the treatment of Mr Mighty. There was no error of law in preferring one party's evidence over another, and thus no legal basis for the appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed at preliminary stage