Sampong v London Borough Of Hackney & Anor [1998] UKEAT 343_96_0206 (2 June 1998)

Sampong v London Borough Of Hackney & Anor [1998] UKEAT 343_96_0206 (2 June 1998)

The appeal was dismissed because, although the Tribunal's direction regarding the use of the Boateng decision was flawed, it was not material to the outcome. The Tribunal was entitled to find that differences between Mr Sampong's case and Boateng justified not drawing an inference of race discrimination. The...

Source-derived case information.

Citation
[1998] UKEAT 343_96_0206
Parties
Appellant: Mr Sampong; Respondent: London Borough of Hackney; Respondent: Mr Ray Michael
Jurisdiction
United Kingdom
Judgment Date
02 June 1998
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Industrial Tribunal Procedure, Comparator Analysis, Extension of Time, Cross Examination Rights
Employment Law Discrimination Law Race Discrimination Industrial Tribunal Procedure Comparator Analysis Extension of Time Cross Examination Rights

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Sampong

Appellant

London Borough of Hackney

Respondent

Mr Ray Michael

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

  1. 1 Whether the Industrial Tribunal erred in refusing to allow cross-examination of Mr Michael about the Boateng decision
  2. 2 Whether the Industrial Tribunal erred in refusing to admit the Chan decision as fresh evidence
  3. 3 Whether the Industrial Tribunal misdirected itself in law regarding the use of previous findings of discrimination against Mr Michael

Ratio Decidendi

The appeal was dismissed because, although the Tribunal's direction regarding the use of the Boateng decision was flawed, it was not material to the outcome. The Tribunal was entitled to find that differences between Mr Sampong's case and Boateng justified not drawing an inference of race discrimination. The Tribunal's findings were based on the evidence and proper application of the law, and there was no material misdirection.

Court Disposition

Appeal dismissed