Rey v Post Office [1998] UKEAT 567_98_0812 (8 December 1998)

Rey v Post Office [1998] UKEAT 567_98_0812 (8 December 1998)

The Industrial Tribunal Chairman erred in law by determining an essential element of a race discrimination complaint sitting alone, as such cases must be heard by a full panel. The preliminary issue determined was not within the scope of Rule 6, and the procedure adopted was incorrect.

Citation
[1998] UKEAT 567_98_0812
Parties
Appellant: Mr Rey; Respondent: Post Office
Jurisdiction
United Kingdom
Judgment Date
08 December 1998
Procedural Posture
Appeal / Appeal Against Industrial Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Racial Discrimination, Industrial Tribunal Procedure, Indirect Discrimination
Employment Law Equality Law Racial Discrimination Industrial Tribunal Procedure Indirect Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Rey

Appellant

Post Office

Respondent

Procedural Posture

Appeal / Appeal Against Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal Chairman sitting alone had jurisdiction to determine an essential element of a race discrimination complaint
  2. 2 Whether the preliminary issue determined related to the entitlement to bring proceedings under Rule 6 of the Tribunal Rules
  3. 3 Whether the complaint should have been heard by a full panel

Ratio Decidendi

The Industrial Tribunal Chairman erred in law by determining an essential element of a race discrimination complaint sitting alone, as such cases must be heard by a full panel. The preliminary issue determined was not within the scope of Rule 6, and the procedure adopted was incorrect.

Court Disposition

Appeal allowed

Orders

  • Case remitted to the Industrial Tribunal for a full hearing before a full panel