Affleck & Anor v. Ferguson & Ors [2001] UKEAT 947_00_2305 (23 May 2001)

Affleck & Anor v. Ferguson & Ors [2001] UKEAT 947_00_2305 (23 May 2001)

The Tribunal was entitled to make its own findings of fact on the merits and was not bound by findings from the earlier preliminary hearing, as those findings related only to preliminary issues and not to the substantive merits. No arguable case of perversity or bias was established. The Tribunal's approach to comparators and evidence was within its discretion and consistent with legal principles.

Citation
[2001] UKEAT 947_00_2305
Parties
Appellant: Mrs Affleck; Appellant: Mr Close; Respondent: Newcastle Mind; Respondent: City of Newcastle; Respondent: Mr Metcalf; Respondent: Mrs Ferguson; Respondent: Mrs Eccleston; Respondent: Mrs Bates; Respondent: Mr McVay; Respondent: Mr Flynn
Jurisdiction
United Kingdom
Judgment Date
23 May 2001
Procedural Posture
Employment Appeal / Preliminary Hearing of Appeal
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Unfair Dismissal, Unlawful Deduction From Wages, Breach of Contract, Bias in Tribunal Proceedings, Issue Estoppel, Res Judicata
Employment Law Discrimination Law Sex Discrimination Unfair Dismissal Unlawful Deduction From Wages Breach of Contract Bias in Tribunal Proceedings Issue Estoppel +1 more

Case Brief

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Parties

Mrs Affleck

Appellant

Mr Close

Appellant

Newcastle Mind

Respondent

City of Newcastle

Respondent

Mr Metcalf

Respondent

Mrs Ferguson

Respondent

Mrs Eccleston

Respondent

Mrs Bates

Respondent

Mr McVay

Respondent

Mr Flynn

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by not being bound by findings of fact from a previous preliminary hearing
  2. 2 Whether the Tribunal's findings were perverse
  3. 3 Whether the Tribunal was biased against the Applicants

Ratio Decidendi

The Tribunal was entitled to make its own findings of fact on the merits and was not bound by findings from the earlier preliminary hearing, as those findings related only to preliminary issues and not to the substantive merits. No arguable case of perversity or bias was established. The Tribunal's approach to comparators and evidence was within its discretion and consistent with legal principles.

Court Disposition

Appeal dismissed