Sharma & Anor v Liverpool City Council [1998] UKEAT 1263_98_1712 (17 December 1998)

Sharma & Anor v Liverpool City Council [1998] UKEAT 1263_98_1712 (17 December 1998)

Both grounds of appeal are arguable based on the Tribunal's findings and the procedural history regarding the withdrawal of victimisation complaints; the matter should proceed to a full appeal hearing.

Source-derived case information.

Citation
[1998] UKEAT 1263_98_1712
Parties
Appellant: Mr Sharma; Appellant: Mr Evans; Respondent: Liverpool City Council; Respondent: Ms Carney; Respondent: Ms Akabuko
Jurisdiction
United Kingdom
Judgment Date
17 December 1998
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed to full hearing
Legal Topics
Racial Discrimination, Victimisation, Employment Tribunal Procedure
Employment Law Discrimination Law Racial Discrimination Victimisation Employment Tribunal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Sharma

Appellant

Mr Evans

Appellant

Liverpool City Council

Respondent

Ms Carney

Respondent

Ms Akabuko

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether less favourable treatment constituted unlawful racial discrimination under Section 1(1)(a) of the Race Relations Act 1976
  2. 2 Whether complaints of victimisation under Section 2 of the Act were properly withdrawn or not pursued

Ratio Decidendi

Both grounds of appeal are arguable based on the Tribunal's findings and the procedural history regarding the withdrawal of victimisation complaints; the matter should proceed to a full appeal hearing.

Court Disposition

Appeal allowed to proceed to full hearing

Orders

  • Appellants or their representative to file affidavit or affirmation within 28 days
  • Copy of affidavit/affirmation and Notice of Appeal to be sent to Tribunal Chairman for comments