Tesco Stores Ltd & Anor v Wilson [1998] UKEAT 749_98_0110 (1 October 1998)

Tesco Stores Ltd & Anor v Wilson [1998] UKEAT 749_98_0110 (1 October 1998)

The appeal is allowed to proceed to a full hearing because there are arguable grounds that the Tribunal failed to consider comparators and that its findings may be perverse due to illogical inconsistencies.

Citation
[1998] UKEAT 749_98_0110
Parties
Applicant: Mr Wilson; Respondent: Barkland Cleaning Ltd; Respondent: Tesco Stores Ltd; Respondent: Mr Abrahams
Jurisdiction
United Kingdom
Judgment Date
01 October 1998
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal From Industrial Tribunal
Outcome
Matter to proceed to full appeal hearing after review procedure is completed.
Legal Topics
Racial Discrimination, Unfair Dismissal, Comparators in Discrimination Cases, Perversity in Tribunal Findings
Employment Law Equality Law Racial Discrimination Unfair Dismissal Comparators in Discrimination Cases Perversity in Tribunal Findings

Case Brief

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Parties

Mr Wilson

Applicant

Barkland Cleaning Ltd

Respondent

Tesco Stores Ltd

Respondent

Mr Abrahams

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the Industrial Tribunal misapplied legal principles regarding racial discrimination
  2. 2 Whether the Tribunal failed to consider comparators as required by law
  3. 3 Whether the Tribunal's findings were perverse or illogical

Ratio Decidendi

The appeal is allowed to proceed to a full hearing because there are arguable grounds that the Tribunal failed to consider comparators and that its findings may be perverse due to illogical inconsistencies.

Court Disposition

Matter to proceed to full appeal hearing after review procedure is completed.

Orders

  • Chairman to provide notes of evidence for witnesses Wilson, Abrahams, and Blakemore.
  • Case to be listed for one full day, category B, after review process.