Plettell v. British Aerospace (Operations) Ltd [2000] UKEAT 446_00_1907 (19 July 2000)

Plettell v. British Aerospace (Operations) Ltd [2000] UKEAT 446_00_1907 (19 July 2000)

There is an arguable point of law due to the tribunal's failure to make a clear finding on the involvement of Mr Dumbleton, who was aware of the appellant's race, in the shortlisting process, and possible inconsistencies in the tribunal's reasoning.

Citation
[2000] UKEAT 446_00_1907
Parties
Appellant: Mr Plettell; Respondent: Unknown Respondent (Employer)
Jurisdiction
United Kingdom
Judgment Date
19 July 2000
Procedural Posture
Employment Appeal / Preliminary Hearing – Ex Parte
Outcome
Appeal allowed to proceed to full hearing
Legal Topics
Racial Discrimination, Employment Tribunal Procedure, Shortlisting Process, Review Refusal
Employment Law Discrimination Law Racial Discrimination Employment Tribunal Procedure Shortlisting Process Review Refusal

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Plettell

Appellant

Unknown Respondent (Employer)

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing – Ex Parte

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to evidence regarding knowledge of the appellant's race by those involved in the shortlisting process
  2. 2 Whether the tribunal failed to make a clear finding on the involvement of Mr Dumbleton in the selection process
  3. 3 Whether there was inconsistency in the tribunal's findings regarding the appellant's suitability and the reasons for not shortlisting him

Ratio Decidendi

There is an arguable point of law due to the tribunal's failure to make a clear finding on the involvement of Mr Dumbleton, who was aware of the appellant's race, in the shortlisting process, and possible inconsistencies in the tribunal's reasoning.

Court Disposition

Appeal allowed to proceed to full hearing

Orders

  • Appeal against substantive decision and refusal of review to proceed to full hearing
  • Production of Chairman's Notes of the whole hearing required