Johal v. Crown Prosecution Service [2003] UKEAT 0185_03_1405 (14 May 2003)

Johal v. Crown Prosecution Service [2003] UKEAT 0185_03_1405 (14 May 2003)

All grounds of appeal except the eighth (relating to the Tribunal's treatment of victimisation and protected acts) disclose no arguable error of law. The eighth ground raises an arguable point that the Tribunal erred in its approach to comparators in victimisation claims, and permission to proceed is granted on that ground only.

Citation
[2003] UKEAT 0185_03_1405
Parties
Appellant: Mr Ravinder Singh Johal; Respondent: Crown Prosecution Service
Jurisdiction
United Kingdom
Judgment Date
14 May 2003
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal From Employment Tribunal
Outcome
Appeal dismissed on all grounds except one; permission to proceed granted on single ground relating to victimisation.
Legal Topics
Racial Discrimination, Victimisation, Protected Disclosure, Employment Tribunal Procedure
Employment Law Discrimination Law Racial Discrimination Victimisation Protected Disclosure Employment Tribunal Procedure

Case Brief

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Parties

Mr Ravinder Singh Johal

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in dismissing complaints of racial discrimination and victimisation
  2. 2 Whether the Tribunal misapplied legal principles regarding protected acts and detriment
  3. 3 Whether the Tribunal failed to properly consider evidence of less favourable treatment

Ratio Decidendi

All grounds of appeal except the eighth (relating to the Tribunal's treatment of victimisation and protected acts) disclose no arguable error of law. The eighth ground raises an arguable point that the Tribunal erred in its approach to comparators in victimisation claims, and permission to proceed is granted on that ground only.

Court Disposition

Appeal dismissed on all grounds except one; permission to proceed granted on single ground relating to victimisation.

Orders

  • All grounds of appeal except ground 8 (issue 14(a)) are struck out.
  • Permission granted to lodge an amended Notice of Appeal limited to ground 8 within 14 days.