Augustus v Forestdale Hotels Ltd [1995] UKEAT 540_94_0711 (7 November 1995)
The Tribunal erred in stopping the case at the close of the applicant's evidence as the complaints were not so obviously untenable or dishonest as to justify such a course; the Tribunal should have heard all the evidence before reaching a conclusion.
- Citation
- [1995] UKEAT 540_94_0711
- Parties
- Appellant: Mrs Augustus; Respondent: Forestdale Hotels Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 07 November 1995
- Procedural Posture
- Employment Appeal / Appeal From Industrial Tribunal Decision
- Outcome
- Appeal allowed
- Legal Topics
- Racial Discrimination, Industrial Tribunal Procedure, Burden of Proof
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Augustus
Appellant
Forestdale Hotels Ltd
Respondent
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Legal Issues
- 1 Whether the Industrial Tribunal erred in acceding to a submission of no case to answer before hearing the respondent's evidence in a racial discrimination claim
Ratio Decidendi
The Tribunal erred in stopping the case at the close of the applicant's evidence as the complaints were not so obviously untenable or dishonest as to justify such a course; the Tribunal should have heard all the evidence before reaching a conclusion.
Court Disposition
Appeal allowed
Orders
- Case remitted to a differently constituted Tribunal for rehearing
Full Case Text
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