Deman v. Association of University Teachers [2003] UKEAT 0142_03_0710 (7 October 2003)

Deman v. Association of University Teachers [2003] UKEAT 0142_03_0710 (7 October 2003)

Employment Tribunals are required to make findings of fact on evidentiary matters raised by the parties, even if those matters postdate the complaints under consideration, and such findings are binding in subsequent proceedings. The Sigsworth Tribunal correctly applied issue estoppel and abuse of process to prevent relitigation of matters already determined. The award of costs was justified due to the unreasonable pursuit of out-of-time and previously determined claims.

Citation
[2003] UKEAT 0142_03_0710
Parties
Appellant: Mr Suresh Deman; Respondents: Association of University Teachers and certain officers
Jurisdiction
United Kingdom
Judgment Date
07 October 2003
Procedural Posture
Employment Appeal Tribunal Appeals / Appeal From Employment Tribunal Decisions
Outcome
Appeals dismissed
Legal Topics
Racial Discrimination, Victimisation, Issue Estoppel, Abuse of Process, Costs in Employment Tribunal, Jurisdiction of Employment Tribunal
Employment Law Discrimination Law Racial Discrimination Victimisation Issue Estoppel Abuse of Process Costs in Employment Tribunal Jurisdiction of Employment Tribunal

Case Brief

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Parties

Mr Suresh Deman

Appellant

Association of University Teachers and certain officers

Respondents

Procedural Posture

Employment Appeal Tribunal Appeals / Appeal From Employment Tribunal Decisions

Legal Issues

  1. 1 Whether Employment Tribunal erred in making findings on post-complaint 'background' matters
  2. 2 Whether subsequent Tribunal was bound by previous findings as issue estoppel
  3. 3 Whether striking out of claims was correct

Ratio Decidendi

Employment Tribunals are required to make findings of fact on evidentiary matters raised by the parties, even if those matters postdate the complaints under consideration, and such findings are binding in subsequent proceedings. The Sigsworth Tribunal correctly applied issue estoppel and abuse of process to prevent relitigation of matters already determined. The award of costs was justified due to the unreasonable pursuit of out-of-time and previously determined claims.

Court Disposition

Appeals dismissed

Orders

  • Appeal against Haynes Tribunal decision dismissed
  • Appeal against Sigsworth Tribunal decision dismissed