Okoturo v. Tesco Stores Plc [2000] UKEAT 344_00_2107 (21 July 2000)

Okoturo v. Tesco Stores Plc [2000] UKEAT 344_00_2107 (21 July 2000)

The appeal on the striking out of the victimisation and holiday pay claims is arguable and should proceed to a full hearing, particularly in light of potential conflict with Article 6 ECHR and the need to consider factual circumstances. The appeal against the stay of unfair and wrongful dismissal claims is not arguable, as the Tribunal had discretion to stay proceedings pending County Court action and payment of costs orders.

Citation
[2000] UKEAT 344_00_2107
Parties
Appellant: Mr Okoturo; Respondent: Tesco
Jurisdiction
United Kingdom
Judgment Date
21 July 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Partial permission to appeal granted
Legal Topics
Victimisation, Race Relations Act, Holiday Pay, Unfair Dismissal, Wrongful Dismissal, Abuse of Process, Res Judicata, Article 6 ECHR, Stay of Proceedings
Employment Law Discrimination Law Victimisation Race Relations Act Holiday Pay Unfair Dismissal Wrongful Dismissal Abuse of Process +3 more

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Parties

Mr Okoturo

Appellant

Tesco

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the victimisation and holiday pay claims as res judicata/abuse of process
  2. 2 Whether the Tribunal erred in staying the unfair and wrongful dismissal claims pending County Court proceedings and payment of costs orders
  3. 3 Whether Article 6 ECHR (right to fair trial) is engaged in the context of striking out claims

Ratio Decidendi

The appeal on the striking out of the victimisation and holiday pay claims is arguable and should proceed to a full hearing, particularly in light of potential conflict with Article 6 ECHR and the need to consider factual circumstances. The appeal against the stay of unfair and wrongful dismissal claims is not arguable, as the Tribunal had discretion to stay proceedings pending County Court action and payment of costs orders.

Court Disposition

Partial permission to appeal granted

Orders

  • Full hearing of appeal allowed on striking out of victimisation and holiday pay claims
  • No permission to appeal on stay of unfair and wrongful dismissal claims