Qureshi v Burnley Borough Council [1993] UKEAT 916_92_1307 (13 July 1993)

Qureshi v Burnley Borough Council [1993] UKEAT 916_92_1307 (13 July 1993)

The Industrial Tribunal had material justifying a review and revocation of its original decision due to the applicant's admitted dishonesty, which undermined the credibility of his evidence and rendered the original findings unsafe. The appeals against the review and the original discrimination finding are dismissed, and the matter is remitted for rehearing before a differently constituted tribunal.

Citation
[1993] UKEAT 916_92_1307
Parties
Applicant: Mr Qureshi; Respondent: Burnley Borough Council
Jurisdiction
United Kingdom
Judgment Date
13 July 1993
Procedural Posture
Employment Appeal / Appeal Against Review and Original Tribunal Decision
Outcome
Appeals dismissed; matter remitted for rehearing
Legal Topics
Racial Discrimination, Review of Tribunal Decisions, Credibility of Witnesses
Employment Law Equality Law Racial Discrimination Review of Tribunal Decisions Credibility of Witnesses

Case Brief

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Parties

Mr Qureshi

Applicant

Burnley Borough Council

Respondent

Procedural Posture

Employment Appeal / Appeal Against Review and Original Tribunal Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal was correct to grant a review and revoke its original decision based on new evidence undermining the applicant's credibility
  2. 2 Whether the original tribunal decision established unlawful racial discrimination under the Race Relations Act 1976

Ratio Decidendi

The Industrial Tribunal had material justifying a review and revocation of its original decision due to the applicant's admitted dishonesty, which undermined the credibility of his evidence and rendered the original findings unsafe. The appeals against the review and the original discrimination finding are dismissed, and the matter is remitted for rehearing before a differently constituted tribunal.

Court Disposition

Appeals dismissed; matter remitted for rehearing

Orders

  • The respondents' application for review is granted.
  • The original tribunal decision is revoked.