Khor v Caerphilly County Council & Ors [1998] UKEAT 940_97_1205 (12 May 1998)

Khor v Caerphilly County Council & Ors [1998] UKEAT 940_97_1205 (12 May 1998)

The Industrial Tribunal's decision was materially inadequate in its reasoning, failing to specify the basis for findings of discrimination and the rejection of certain claims, necessitating that the matter be remitted for a full rehearing before a different Tribunal.

Citation
[1998] UKEAT 940_97_1205
Parties
Appellant: Mrs Julie Khor; Respondent: Caerphilly County Borough Council; Respondent: Mr Phillip Evans; Respondent: Mr Stuart Rosser
Jurisdiction
United Kingdom
Judgment Date
12 May 1998
Procedural Posture
Employment Discrimination Appeal / Appeal From Industrial Tribunal Decision
Outcome
Both appeals allowed; matter remitted for rehearing before a different Tribunal.
Legal Topics
Racial Discrimination, Unfair Dismissal, Tribunal Procedure, Remittal
Employment Law Discrimination Law Racial Discrimination Unfair Dismissal Tribunal Procedure Remittal

Case Brief

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Parties

Mrs Julie Khor

Appellant

Caerphilly County Borough Council

Respondent

Mr Phillip Evans

Respondent

Mr Stuart Rosser

Respondent

Procedural Posture

Employment Discrimination Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal provided adequate reasons for findings of unlawful discrimination and dismissal of unfair dismissal claim
  2. 2 Whether the findings against the respondents were sufficiently reasoned
  3. 3 Whether the applicant was properly informed of the reasons for rejection in respect of certain job applications

Ratio Decidendi

The Industrial Tribunal's decision was materially inadequate in its reasoning, failing to specify the basis for findings of discrimination and the rejection of certain claims, necessitating that the matter be remitted for a full rehearing before a different Tribunal.

Court Disposition

Both appeals allowed; matter remitted for rehearing before a different Tribunal.

Orders

  • Both appeals are allowed.
  • The whole complaint is to be remitted afresh to a different Tribunal.