Johal v Wolverhampton Metropolitan Borough Council [1995] UKEAT 936_94_0102 (1 February 1995)

Johal v Wolverhampton Metropolitan Borough Council [1995] UKEAT 936_94_0102 (1 February 1995)

No arguable point of law was raised; the Tribunal correctly applied the law, made findings of fact within its remit, and there was no evidence of misdirection or procedural unfairness. The allegation regarding the inattentive Tribunal member was unsubstantiated and not raised at the appropriate time.

Citation
[1995] UKEAT 936_94_0102
Parties
Appellant: Mr S Johal; Respondent: Wolverhampton Metropolitan Borough Council
Jurisdiction
United Kingdom
Judgment Date
01 February 1995
Procedural Posture
Appeal From Industrial Tribunal / Preliminary Hearing
Outcome
Appeal dismissed at preliminary hearing
Legal Topics
Racial Discrimination, Employment Promotion, Disciplinary Procedures, Sick Leave, Procedural Fairness
Employment Law Discrimination Law Racial Discrimination Employment Promotion Disciplinary Procedures Sick Leave Procedural Fairness

Case Brief

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Parties

Mr S Johal

Appellant

Wolverhampton Metropolitan Borough Council

Respondent

Procedural Posture

Appeal From Industrial Tribunal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in law in dismissing the complaint of racial discrimination
  2. 2 Whether the Tribunal misapplied the Race Relations Act 1976
  3. 3 Whether the alleged inattentiveness of a Tribunal member constituted a ground for appeal

Ratio Decidendi

No arguable point of law was raised; the Tribunal correctly applied the law, made findings of fact within its remit, and there was no evidence of misdirection or procedural unfairness. The allegation regarding the inattentive Tribunal member was unsubstantiated and not raised at the appropriate time.

Court Disposition

Appeal dismissed at preliminary hearing

Orders

  • No further hearing to be held
  • No amendment to Notice of Appeal allowed regarding Tribunal member allegation